A life insured dies two and a half years after the policy was issued. In assessing the claim the insurer discovers that, at application, the owner had deliberately and fraudulently concealed a serious pre-existing heart condition. Can the insurer contest the policy despite the incontestability clause?
The incontestability clause prevents the insurer from contesting the policy after two years, but it carves out express exceptions — fraud, non-payment of premium, a claim not covered, and non-disclosure as described in the non-disclosure clause. Fraudulent concealment lets the insurer contest even after the two-year period.
Incontestability is not absolute — fraud (and non-payment/non-disclosure) remain contestable beyond two years.
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