TBH I didn't think of that and you're probably right. Unless it gets complicated by treating it as a replacement policy
Term to Term replacement isn't that big of an issue even in NY. Outside of NY replacements aren't as burdensome to begin with.
As for the underwriting class not being as good at age 35 (and definitely later), I will make two comments:
1. Often when people compare the cost of term to whole life, they are looking at preferred (or more likely super-preferred) rates. At underwriting classes that aren't that good the math begins to skew better towards whole life.
2. Getting a policy at a younger age with a rider that will allow for guaranteed future purchases at the same underwriting class (though mostly whole life) could be seen as a prudent strategy.