Understanding the Life Insurance Contestability Period (2024) (2024)

Understanding the Life Insurance Contestability Period (2024) (1)

Falsifying information on a life insurance application can come back to haunt you up to two years later or more. Learn the details about contestability.

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What Is the Life Insurance Contestability Period?

The life insurance contestability period typically lasts two years from the date of policy approval. During this time, an insurer has the right to investigate any aspect of a policyholder’s health that could have been misrepresented on their application. If it finds that information was intentionally withheld or falsified by the applicant, it can deny coverage or void the contract entirely.

The purpose of the life insurance contestability period is twofold:

  • It serves as a deterrent against fraud by allowing insurers to thoroughly vet applications.
  • It helps insurers spot any misrepresentation and helps control the cost of insurance due to misrepresented claims.

The contestability period exists on most types of life insurance policies, including term life and permanent life insurance policies.

Why Is the Contestability Period Important?

The life insurance contestability period is an important part of the process as it allows the insurance company to investigate a beneficiary’s claim and verify its accuracy. This guarantees that the policyholder will receive a fair payout if their claim is accepted, and prevents fraudulent claims from being paid out. This also helps to keep premiums affordable for policyholders.

Additionally, the contestability period safeguards the integrity of the insurance company and ensures that it is not taken advantage of by claimants. By giving the insurer time to investigate all aspects of a claim, it can ensure that only legitimate claims will be paid out. Ultimately, this helps make sure that policies remain affordable for everyone involved.

What Happens If You Are Caught Lying on a Life Insurance Application?

If you are caught lying on a life insurance application, the consequences can be severe.

Depending on the specific details of the case, your policy could be canceled. Furthermore, insurance companies may deny future coverage for years and even initiate legal action against you if you have been dishonest about your information. If convicted of insurance fraud, you could face hefty fines and jail time in some cases. It is important to remember that any dishonest behavior in relation to a life insurance application can lead to serious repercussions that could last for years.

Common examples of dishonesty occur during the medical exam process where applicants may not share the entire truth. Or, they purposely apply for no-exam life insurance to try and hide a medical condition. If the insurer finds medical records that contradict the original information on an application, it may result in the denial of the death benefit to the beneficiary.

Misconceptions About the Contestability Period

Many people assume that the contestability period is short and it may be hard for the insurance provider to challenge them. However, the truth is that the contestability period lasts two years from the date that the policy was issued. During this time, an insurer can challenge any claims made by the policyholder if they deem them to be incorrect or invalid. On the flip side, policyholders can request a review of their policy in order to ensure that they are getting the coverage amount they need and deserve.

Another misconception about the contestability period is if the insurance company cannot find something that you didn’t disclose, there is no more recourse for the insurance company. While this is not quite as common, it does happen. Here is an example: An insured stated on the application they were a non-smoker. Twenty years later, the insured died due to lung cancer. When the insurance company investigated the claim, it found that the person was smoking before and during their application for life insurance. The result was a reduction in the claim. The insurance company essentially went back 20 years and charged the appropriate smoker rating plus interest to the policy which substantially reduced the death benefit the beneficiaries received. This is an example of material misrepresentation and caused a change that affected the insured’s loved ones in a meaningful way.

One final example of a misconception about the contestability period is that agents can manipulate information to get the client the best deal. The insurance agent has a contract with the insurance company to represent its products to you, so they have an obligation to tell the truth.

If you tell the truth on your application, you likely have nothing to worry about.

How To Navigate the Contestability Period Successfully

The key to navigating the contestability period successfully depends on providing accurate information and disclosing all relevant information during the application process. This includes providing detailed answers about any pre-existing medical history or lifestyle factors which could affect your risk level, such as smoking cigarettes or participating in extreme sports or activities like skydiving. It is also important to make sure that any additional paperwork requested by the insurer is completed fully and returned promptly so that their investigation process can continue without delay.

Working with an experienced agent or broker who understands how life insurance works can also be helpful when navigating the contestability period. Not only will they help you understand what information needs to be disclosed on your application form, but they will also provide advice on how best to present yourself for underwriting approval in order to maximize your chances of success at claim time. Ultimately, having a professional on your side to help guide you through the process can make all the difference when it comes to ensuring your life insurance policy is fully protected.

Avoiding Policy Lapses

If you want to avoid lapsing your life insurance policy, it is important to carefully plan your finances.

Before you start the application process, do an analysis of your finances to determine how much you can realistically devote to premiums and other payments. Additionally, it is wise to keep track of payment deadlines so you don’t miss any payments or fail to renew the policy on time. If you’re able, setting up an automatic premium draft from your bank account is the best way to keep from missing a payment. If you ever have trouble making a premium payment, contact your life insurance company immediately so it can help you find solutions.

If you are unable to make your premium payment, you typically will have a 30-day grace period. The grace period is the time the insurance company will allow you to make up the payment before it cancels the policy. If canceled, you will have you go through a reinstatement process, which may require a repeat of the underwriting process. These events may cause the contestability period to start all over again.

Contestability Period vs. Incontestability Clause

The contestability period and the incontestability clause are two important features of a life insurance policy. The contestability period is typically two years from the date of application, during which time the insurance company has the right to investigate any information on the application that may be deemed inaccurate or fraudulent. If any inaccuracies or fraud are discovered, it can deny coverage or rescind the policy.

An incontestable clause states that after a policy has been in force for a certain amount of time (usually two years), it cannot be challenged by an insurer on any grounds unless there is definite proof of fraud at that time. Once an insurance policy becomes incontestable, even if a material misrepresentation was made when applying for coverage, it cannot be challenged.

Not every life insurance policy has an incontestability clause that removes a challenge to a claim, in whole or in part, if fraud is discovered.

Suicide Clause and Contestability Periods

The suicide clause typically states that if an insured individual takes their own life within a certain period of time after signing up for the policy, then the beneficiaries will not receive any benefits from the policy. This clause is usually in place to prevent fraud as it prevents anyone from taking out a life insurance policy solely to benefit their beneficiaries in the event of suicide.

In most states, this clause has a two-year window and overlaps with the contestability period, during which insurers can investigate any misrepresentations or inaccuracies on a policyholder’s application. This means that even if all relevant information was accurately disclosed at the time of application, if an insured party commits suicide within this two-year period, then the insurer can deny the claim. If a suicide occurs outside of this timeframe, it will be treated like any other cause of death.

The Bottom Line

Understanding the two-year contestability period is essential for anyone looking into obtaining life insurance coverage. It is important for applicants to disclose all relevant medical information, as well as facts about their lifestyle, accurately and honestly to avoid potential claim denials down the road during this two-year window after policy approval.

Whether you choose an affordable term policy or a comprehensive whole life policy, there will be a contestability period. An experienced licensed life insurance agent or broker can be helpful in navigating this period successfully. Ultimately, taking these extra steps will help ensure that your life insurance policy is properly protected, leaving you and your family with peace of mind.

Frequently Asked Questions

All life insurance has a contestability period. The duration of the contestability period is controlled at the state level, so there is a chance it could change.

Once your policy is issued, the contestability period begins. It also re-starts if you lapse your policy and then reinstate it back.

It is not very common to have a life insurance claim denied after the contestability period, but if you have misrepresented yourself to the insurance company, it is possible. If your life insurance policy has an incontestability clause, this clause typically removes the ability for an insurance company to deny a claim.

No. Contestability is not intended to punish policyholders for errors that can be easily rectified. Its purpose is to identify individuals who intentionally provide incorrect information to avoid higher premiums. When purchasing your policy, it is crucial to be open and forthcoming to guarantee that your loved ones can receive the full death benefit upon your passing.

Methodology: Our System for Ranking Life Insurance Companies

Our team researches and ranks life insurance companies using an in-depth scoring system that considers the factors most important to consumers like you. Our analysis includes a comprehensive review of each provider we feature based on available coverage, customizability, availability, customer service and company reputation. Here are the factors we take into consideration when rating life insurance providers:

  • Brand trust (40%): Life insurance payouts can exceed $100,000 or more, which makes choosing a reputable and trustworthy insurance provider important. To assess brand trust, we use J.D. Power and Associates customer satisfaction surveys, AM Best credit rating scores and the National Association of Insurance Commissioners (NAIC) complaint index. The higher a company scores in each area, the more points it receives.
  • Coverage (33%): The more policy options a life insurance company offers, the more opportunities you have to obtain the right coverage for your specific needs. For this reason, we give companies the most points for offering multiple types of life insurance, including various term, permanent and no-exam options.
  • Availability and ease of use (19%): Since life insurance coverage options can be complex, we consider the ways a customer can reach a company — and how easy communication is. For this category, we research how many communication channels a company offers for general customer support, claims processing and the application process. Companies earn the most points for offering various ways to interact with an agent, both in-person and online.
  • Riders (8%): Companies offering various life insurance riders or endorsem*nts allow policyholders to better customize their coverage. In this category, we determine how many riders a company offers and award the most points to providers with more than 10 options.

We use our rating system to compare and contrast each company against key factors to help us determine the best life insurance companies in the industry. To learn more, read ourfull life insurance methodologyfor reviewing and scoring providers.AM Best Disclaimer

If you have feedback or questions about this article, please email the MarketWatch Guides team ateditors@marketwatchguides.com.

Understanding the Life Insurance Contestability Period (2024) (5)

Scott KarstensContributing Writer

Scott Karstens is an accomplished insurance and financial services veteran, having worked inthe industry since 2001. He is currently the President of NFG Brokerage, but he is becoming best known as the Founder and CEO of both Broker Backoffice and his new direct-to-consumer insurance platform called Quote Bot, which offers user-friendly solutions for life insurance planning.

Understanding the Life Insurance Contestability Period (2024) (6)

Sabrina LopezSenior Editor

Sabrina Lopez is an editor with over six years of experience writing and editing digital content with a particular focus on home services, home products and personal finance. When she is not working on articles to help consumers make informed decisions, Sabrina enjoys creative writing and spending time with her family and their two parrots.

Understanding the Life Insurance Contestability Period (2024) (2024)

FAQs

Can claims be denied after contestability period? ›

Life insurance claims may be denied after the contestability period if fraud was committed to obtain the policy. Some states include fraud under the contestability clause while other states allow insurance companies to include a specific fraud exception in the policy.

What is normal contestability period for life insurance? ›

The contestability period is typically two years from the date of application, during which time the insurance company has the right to investigate any information on the application that may be deemed inaccurate or fraudulent. If any inaccuracies or fraud are discovered, it can deny coverage or rescind the policy.

What happens after the contestability period? ›

After the completion of the contestability period, a life insurance policy becomes incontestable. This means the beneficiary will receive the entire coverage amount as long as the policy is in effect. However, in some policies, there might be certain exclusions where the beneficiaries don't get paid.

What happens if an insured dies during the contestability period? ›

But if a person dies within the first two years of having the policy — what's typically known as the contestability period — the company has the right to delay payment while it investigates the beneficiaries' claim. It can also dispute the claim if it finds evidence of misrepresentation.

Under what circ*mstances will life insurance not pay? ›

But it's important to be aware that there are a few instances where life insurance won't pay out. Top reasons life insurance won't pay out may be because the policyholder lied on their application, their death was the result of suicide, or they passed away during the waiting period.

What percentage of life insurance claims get denied? ›

What to Do When Your Life Insurance Claim is Denied. You were probably shocked when you got a letter in the mail saying that your loved one's life insurance claim is denied. You're not the only one. An estimated 10 percent of rightful insurance claims will be denied every year.

Can life insurance beneficiaries be contested? ›

Can you dispute a life insurance beneficiary? It's possible to dispute or contest a life insurance policy. However, doing so requires a legal court process. Since the process is quite complex, you should hire an experienced attorney to help you out.

Can a life insurance company deny a claim after two years? ›

Generally, if a life insurer tries to delay or deny payment or launch an investigation when the insured dies after the two year contestability period, this would be violating the law. If an insured replaces his or her existing policy with a new one, the clock on the contestability period is reset.

What is the two year rule for life insurance? ›

Understanding the two-year contestability period for life insurance. If you pass away in the first two years of your life insurance coverage, the insurance company has a right to contest or question your claim.

How does the end of the contestability period affect coverage for death arising from an excluded risk? ›

After the contestability period expires, the insurance company generally cannot deny a claim based on misrepresentations or omissions on the application, but they can still deny payment if the death was the result of an excluded cause of death, such as suicide or death resulting from criminal activity.

How long does a contested life insurance claim take? ›

Contestable claims can take months, and even sometimes years, to be completed if they are left to the insurance company alone to investigate.

Can I get my life insurance premiums back? ›

If you outlive your coverage, 100% of the money you paid in premiums during the term is returned to you, tax-free. However, if you fail to make your payments or cancel the policy, you may not get a premium refund (exact rules vary by insurer).

What type of death voids a life insurance policy? ›

Included in many life insurance policies, this clause voids coverage if the covered individual dies by suicide within a specific period, often two years, after opening a policy. High-risk activities. Some providers will deny claims if the insured dies while engaging in a potentially perilous activity, like skydiving.

Can creditors go after beneficiaries life insurance? ›

Creditors typically can't go after certain assets like your retirement accounts, living trusts or life insurance death benefits to pay off debts. These assets go to the named beneficiaries and aren't part of the probate process that settles your estate.

What happens if someone dies shortly after getting life insurance? ›

A life insurance company is contractually obligated to pay the specified death benefit regardless of when the loved one dies, whether it is four months or forty years after the policy takes effect.

Can a life insurance company deny a claim after 2 years? ›

A contestability period typically lasts for the first two to three years after the policy becomes effective, during which insurers may deny claims under certain circ*mstances. Be honest on your application and understanding the policy terms and conditions may help avoid a potential claim denial for your beneficiaries.

What are three reasons you may be denied from having life insurance? ›

They can include engaging in risky hobbies and behaviors like skydiving; having a history of DUIs or speeding tickets; having a dangerous job like roofing; having a criminal record or a less than ideal financial history; being a smoker; and failing a drug test.

What effect does the incontestable clause have on coverage? ›

An incontestability clause prevents providers from voiding coverage if the insured misstates information after a contestability period, such as two or three years. The clock starts to run on the contestability period the moment the life insurance policy is purchased.

Why would Globe Life deny a claim? ›

Globe Life might deny your claim for as trivial a reason as a misspelled name, or getting one digit wrong on a social security number or address on the application. Globe may claim exclusions about which you and the policyholder were unaware, or that are not borne out by the facts on the ground.

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