INSURANCE-INCONTESTABILITY CLAUSES-WHAT WILL AMOUNT TO A CONTEST

Authors

Abstract

The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all that a man secured to his beneficiary by taking out an insurance policy was a lawsuit, and the business of the insurance companies suffered accordingly. To increase business, the companies devised the incontestability clause, which stipulated that after a certain period, as two years after issue, the policy could not be contested for any reason save those excepted in the clause ( usually nonpayment of premiums).

Recommended Citation

INSURANCE-INCONTESTABILITY CLAUSES-WHAT WILL AMOUNT TO A CONTEST, 25 Mich. L. Rev. 532 (1927).
Available at: https://repository.law.umich.edu/mlr/vol25/iss5/8