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An agent tries to sell insurance over the phone to an applicant who appears to be confused, but is eventually able to give enough information for the application to be completed. After the policy was issued, the agent talked to the

An agent tries to sell insurance over the phone to an applicant who appears to be confused, but is eventually able to give enough information for the application to be completed. After the policy was issued, the agent talked to the insured’s family, and they explained that the insured was recovering from a surgery and might have been under the influence of medication at the time of application. Which of the following is true?
1. The policy will remain in force as long as there are no material misrepresentations on the application.
2. The policy is legal since the applicant was able to give all required information.
3. The policy is not legal; agents cannot sell insurance over the phone.
4. The policy may be voided if it can be proven that the applicant was not capable of making a buying decision at the time of application.

 
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