A defense based on a misrepresentation in the application for, or in obtaining, a life insurance policy on the life of a person in or residing in this state is not valid or enforceable in a suit brought on the policy on or after the second anniversary of the date of issuance of the policy if premiums due on the policy during the two years have been paid to and received by the insurer, unless:

1. (1) the insurer has notified the insured of the insurer's intention to rescind the policy because of the misrepresentation; or

2. (2) it is shown at the trial that the misrepresentation was:

   1. (A) material to the risk; and
   2. (B) intentionally made.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.