20 D. Incontestability of Insurance 1. Any statement made to obtain or to increase insurance is a representation and not a warranty. 2. No misrepresentation will be used as a basis for reducing or denying a claim or contesting the validity of insurance unless: a) the insurance would not have been approved if We had known the truth; and b) We have given You or any other person claiming benefits a copy of the signed written instrument which contains the misrepresentation. 3. After insurance has been in effect for 2 years, during the lifetime of the Insured Person, We will not use a misrepresentation as a basis for reducing or denying a claim, unless it was a fraudulent misrepresentation. E. Incontestability of the Group Policy or Employer Coverage under the Group Policy 1. No misrepresentation by the Policyholder or Your Employer will be used as a basis for denying a claim, or for denying the validity of the Group Policy or Your Employer’s coverage under the Group Policy unless: a) the Group Policy would not have been issued or Your Employer’s coverage under the Group Policy would not have been approved if We had known the truth; and b) We have given the Policyholder or Employer a copy of a written instrument signed by the Policyholder or Employer which contains the misrepresentation. 2. The validity of Your Employer’s coverage under the Group Policy will not be contested after it has been in force for 2 years, except for nonpayment of premium or fraudulent misrepresentations. F. Clerical Error 1. Clerical error by Us, the Policyholder, Your Employer, or their respective Eligible Employees or representatives will not: a) cause a person to become insured under the Group Policy or a provision of it. b) invalidate insurance otherwise validly in force. c) continue insurance otherwise validly terminated. d) cause an Employer to obtain coverage under the Group Policy or a provision of it. 2. In the event that a clerical error results in an incorrect rate, We reserve the right to adjust the rate accordingly. 3. The payment of premium, by itself, will not obligate Us to provide benefits to anyone who is not eligible for coverage under the Group Policy. 4. Your Employer acts on its own behalf as Your agent, and not as Our agent. Your Employer has no authority to alter, expand or extend Our liability or to waive, modify or compromise any defense or right We may have under the Group Policy. G. Misstatement 1. Age or Gender If the age or gender, or both, of a person has been misstated, We will make an equitable adjustment of premiums, benefits or both. The adjustment will be based on: a) the amount of insurance based on the correct age and gender; and b) the difference between the premiums paid and the premiums which would have been paid if the age and gender had been correctly stated. 2. A legal action may not be brought to recover on this Certificate within 60 days after written Proof of Loss has been given as required. No such action may be brought after 3 years from the time written proof was required to be given.