Is the 2 year incontestability period on life insurance absolute even when there was fraud about medical history and income on the application?

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Is the 2 year incontestability period on life insurance absolute even when there was fraud about medical history and income on the application?

My husband recently passed away from a terminal illness. More than 2 years before his death, he applied for and received a sizable term-life policy, naming me as beneficiary. However, he lied on the insurance application. First, his illnesses had already been diagnosed,but he answered

Asked on June 9, 2018 under Insurance Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

My research suggests that once the 2 year incontestability period expires, then a life insurer is legally obligted to payout on a claim despite even fraud. However, this can vary from state-to-state so you should seek local counsel to advise you on the matter. AS for your knowlegdge of the fraud, it seems to be a matter of proof that you knew of the fraud. Again, a local lawyer can best advise you further.


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