INCONTESTABILITY CLAUSE

Definition

An incontestability clause is a policy provision that limits the insurer's right to rescind or deny a claim based on misstatements (other than fraud where permitted) after a specified period-commonly two years from issue or last reinstatement. After the period, coverage is generally incontestable as to statements in the application, although exclusions (such as suicide provisions) and nonpayment still apply. The clause promotes certainty for policyowners and beneficiaries while encouraging accurate disclosure during underwriting. State laws govern timing and exceptions.

Common Usage

After two years in force, a claim from natural causes is generally not contested based on application misstatements. Advisors still stress accurate disclosures to avoid rescission within the contestable window or denials under specific exclusions.