Incontestablity Provision

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Normally, contracts can be voided or canceled at any time if they have been fraudulently enacted. Life insurance contracts are somewhat different because of a clause in the policy called the “incontestability provision.” Here, the company gives up its right to challenge the contract after a specified period (usually one or two years), and agrees that after this period, it will not deny claims even if serious misstatements were made in obtaining the insurance. The period during which claims are contestable provides the company a reasonable opportunity to protect itself against people getting insurance that they would not qualify for if they gave truthful information on their applications. It also provides the vast majority of honest policyholders the assurance that their policies will be honored.

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