Insurance · Policy Provisions and Riders

What is the 'incontestability clause'?

Correct answer

A provision that after the policy has been in force for a specified period (usually 2 years), the insurer cannot contest the validity of the policy based on misrepresentation in the application — except for fraud in some states

  1. A A clause allowing endless disputes
  2. B A provision that after the policy has been in force for a specified period (usually 2 years), the insurer cannot contest the validity of the policy based on misrepresentation in the application — except for fraud in some states
  3. C A provision that cannot be appealed
  4. D A guarantee of cash value growth

Why this is the answer

The incontestability clause is a fundamental consumer protection in life insurance: after the policy has been in force for a specified period (typically two years from issue), the insurer cannot deny a claim based on misstatements or omissions in the original application. The provision balances the insurer's right to accurate information against the beneficiary's reasonable expectation that a long-standing policy will pay. The two-year period gives the insurer time to investigate any suspected misrepresentation. After the contestable period ends, the only common ground for denial is fraud (in some states), nonpayment of premium, or specific policy exclusions like suicide during a stated exclusion period. The incontestability clause protects beneficiaries from disputes years after the policy was issued.
Source: NAIC Model Outline, Incontestability

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