As a matter of public policy, an insurance contract can no longer be contested after two years. As defined in California Insurance Code, section 10113.5:

An individual life insurance policy delivered or issued for delivery in this state shall contain a provision that it is incontestable after it has been in force, during the lifetime of the insured, for a period of not more than two years after its date of issue, except for nonpayment of premiums and except for any of the supplemental benefits.

The purpose of these protections is to ensure that insurance companies address questions and issues within a reasonable time and while the insured is still alive; this protects people from insurance companies collecting premiums for years and then conducting an investigation after death in order to deny payment to beneficiaries. In practice, this means that insurance companies are not allowed to contest policies after this period for absolutely any reason (including fraud).

In recent years, however, certain insurance companies have argued that in certain cases, a policy may be declared void for a misrepresentation in the application even after the period of incontestability. By doing this, they have sometimes successfully denied payment and added it to their bottom line. If you are involved in such a dispute, it is important to protect yourself by understanding your rights.

As a life insurance attorney, I am prepared to bring nearly 40 years of experience to help you resolve any life insurance contestability issue. It is important to reach out as soon as possible because the statute of limitations may be ticking. I encourage you to get in touch as soon as possible.

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