
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from cancelling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years. This clause is designed to protect the insured from firms who may try to avoid paying benefits in the event of a claim.
Characteristics | Values |
---|---|
What is it? | A provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time. |
Who does it benefit? | The insured. |
Who does it not protect? | People who commit outright fraud. |
When does the contestability period begin? | The moment the life insurance policy is purchased. |
How long is the contestability period? | Usually two years, sometimes three. |
What You'll Learn
- The incontestability clause prevents insurance companies from voiding coverage due to misstatements by the insured after a specific amount of time has passed (usually two years)
- The clause encourages insurance companies to underwrite policies before their issuance and not after a claim is submitted
- The incontestability clause is one of the strongest protections for a policyholder or beneficiary
- The clause cannot protect against outright fraud
- Per California law, an incontestability clause is included in every individual life insurance policy issued in the state
The incontestability clause prevents insurance companies from voiding coverage due to misstatements by the insured after a specific amount of time has passed (usually two years)
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from voiding coverage due to misstatements in the policy application after a certain period of time has passed, usually two years. Most states require the inclusion of such clauses in insurance policies, and they are included in most life insurance policies.
The purpose of incontestability clauses is to encourage insurance companies to underwrite policies prior to their issuance and not after a claim is submitted, and to prevent insurance companies from cancelling coverage years after a policy is issued. This helps to protect insured people from firms who may try to avoid paying benefits in the event of a claim.
The clock starts to run on the contestability period the moment the life insurance policy is purchased. This means that, after two years, the insurance company cannot deny a claim based on some error in the application. For example, if the insured person failed to provide a complete medical history, the insurance company could not use this as a reason to deny a claim.
It is important to note that an incontestability clause cannot protect against outright fraud.
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The clause encourages insurance companies to underwrite policies before their issuance and not after a claim is submitted
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from cancelling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years. Most states require the inclusion of such clauses in insurance policies. The purpose of incontestability clauses is to encourage insurance companies to underwrite policies before their issuance and not after a claim is submitted. This means that insurance companies cannot deny a claim based on some error in the application once the policy has been in force for two years. This clause is one of the strongest protections for a policyholder or beneficiary.
Incontestability clauses help protect insured people from firms who may try to avoid paying benefits in the event of a claim. While this provision benefits the insured, it cannot protect against outright fraud. Most life insurance policies include an incontestability clause. An incontestability clause prevents providers from voiding coverage if the insured misstates information after a contestability period, such as two or three years.
The clock starts to run on the contestability period the moment the life insurance policy is purchased. Per California law, an incontestability clause is included in every individual life insurance policy issued in the state. As the U.S. Court of Appeals for the Seventh Circuit explained in Equitable Life Assur. Soc. Of the U.S. v. Bell, 27 F.3d 1274, 1279 (7th Cir. 1994), the effect of an incontestability claims “is to preclude the insurer from attempting to rescind the policy after the requisite contestability period has expired on the ground that the insured made misrepresentations in the application”.
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The incontestability clause is one of the strongest protections for a policyholder or beneficiary
The purpose of incontestability clauses is to encourage insurance companies to underwrite policies prior to their issuance and not after a claim is submitted. This prevents insurance companies from canceling coverage years after a policy is issued. Incontestability clauses help protect insured people from firms who may try to avoid paying benefits in the event of a claim. While this provision benefits the insured, it cannot protect against outright fraud.
A typical incontestability clause specifies that a contract will not be voidable after two or three years due to a misstatement. This means that, as a consumer, you are protected from having your policy canceled or claim denied simply because you mistakenly failed to provide a complete medical history or made some other error in your application for insurance. Per California law, an incontestability clause is included in every individual life insurance policy issued in the state.
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The clause cannot protect against outright fraud
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years. Most states require the inclusion of such clauses in insurance policies.
The purpose of incontestability clauses is to encourage insurance companies to underwrite policies prior to their issuance and not after a claim is submitted, and to prevent insurance companies from canceling coverage years after a policy is issued. While this provision benefits the insured, it cannot protect against outright fraud.
A typical incontestability clause specifies that a contract will not be voidable after two or three years due to a misstatement. Incontestability clauses help protect insured people from firms who may try to avoid paying benefits in the event of a claim. However, this does not mean insureds should lie on their applications for insurance and hope that if they lie low for two years, their coverage is guaranteed.
The clock starts to run on the contestability period the moment the life insurance policy is purchased. The incontestability clause in life insurance policies is one of the strongest protections for a policyholder or beneficiary.
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Per California law, an incontestability clause is included in every individual life insurance policy issued in the state
The purpose of incontestability clauses is to encourage insurance companies to underwrite policies prior to their issuance and not after a claim is submitted, and to prevent insurance companies from cancelling coverage years after a policy is issued. A typical incontestability clause specifies that a contract will not be voidable after two or three years due to a misstatement. Incontestability clauses help protect insured people from firms who may try to avoid paying benefits in the event of a claim.
The clock starts to run on the contestability period the moment the life insurance policy is purchased. While this provision benefits the insured, it cannot protect against outright fraud.
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Frequently asked questions
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years.
The purpose of an incontestability clause is to encourage insurance companies to underwrite policies prior to their issuance and not after a claim is submitted, and to prevent insurance companies from canceling coverage years after a policy is issued.
The contestability period is the amount of time after a policy is purchased during which an insurance company can contest the policy based on errors in the application. This is usually two years, but can sometimes be three.
An incontestability clause helps protect insured people from firms who may try to avoid paying benefits in the event of a claim.
Most states require the inclusion of incontestability clauses in insurance policies. Per California law, an incontestability clause is included in every individual life insurance policy issued in the state.