A life policy has been in force during the insured’s lifetime for more than two...

The incontestability provision limits the insurer’s ability to contest the validity of a life insurance policy after it has been in force during the insured’s lifetime for the stated period, which Nevada law permits to be no longer than two years from issue. Once that period has passed, an insurer ordinarily cannot avoid the policy because of misstatements in the application, except as provided by the policy and law. The rule promotes certainty for beneficiaries and prevents an insurer from indefinitely reopening underwriting issues after accepting premiums for years.

Nonpayment of premiums remains an exception. Incontestability does not require an insurer to pay a claim on a policy that lapsed because required premiums were not paid. A policy can also contain provisions concerning total and permanent disability benefits or additional accidental-death benefits that are treated separately under the applicable statutory rule. In addition, an incontestability clause concerns contesting the policy’s validity; it does not automatically override every policy exclusion or restriction on coverage.

The producer should distinguish contestability from the grace period, reinstatement, and exclusions. Each provision serves a different function. For test purposes, the durable rule is that incontestability does not eliminate the insurer’s defense of nonpayment of premium.

References/topics from the Study Guide: Incontestability Clause; Premium Payment; Policy Lapse; NRS 688A.080.

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