Incontestability

UPDATED: Jul 14, 2023Fact Checked

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Jeffrey Johnson

Insurance Lawyer

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 14, 2023

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UPDATED: Jul 14, 2023Fact Checked

A provision in which your insurance company cannot contest your contract after it has been in force for a specified period of time.

Case Studies: Incontestability

Case Study 1: The Disputed Claim

Mark purchased a life insurance policy and paid premiums for several years. Unfortunately, he passed away unexpectedly. His beneficiaries filed a claim with the insurance company to receive the death benefit. However, the insurance company attempted to contest the claim, citing alleged misrepresentations in the application.

Mark’s beneficiaries, aware of the incontestability provision, challenged the insurance company’s stance and emphasized that the policy had been in force for more than the specified period, rendering it incontestable. The insurance company ultimately honored the claim and paid the death benefit.

Case Study 2: The Post-Claim Investigation

Emily had a health insurance policy that covered her medical expenses. After undergoing a major surgery, she submitted a claim to her insurance company for reimbursement. During the claim review process, the insurance company conducted an investigation and discovered a potential discrepancy in Emily’s medical history. They attempted to deny the claim based on the alleged misrepresentation.

However, Emily’s policy had been in force for the required period of time, making it incontestable. Emily invoked the incontestability provision and challenged the denial. The insurance company reassessed the claim and ultimately approved it, covering her medical expenses.

Case Study 3: The Late Discovery

John had a homeowners insurance policy that had been in force for several years. One day, his house was severely damaged by a fire. John filed a claim with his insurance company to cover the cost of repairs. During the claim investigation, the insurance company discovered that John had failed to disclose a previous incident of property damage in his application.

They attempted to void the policy based on the alleged misrepresentation. However, the policy had passed the specified period of incontestability, and John argued that the insurance company could not contest the policy at that point. The insurance company ultimately honored the claim and covered the cost of the repairs.

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Jeffrey Johnson

Insurance Lawyer

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...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

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