Structured Settlements 4Real®Blog 2026

Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.

by John Darer CLU ChFC MSSC CeFT RSP CLTC

The contestable period, as outlined in the policy, represents a timeframe during which a life or health insurance company can safeguard itself against material misrepresentations made by a prospective insured in the insurance application.

Consider that a nominal down payment could turn into a $1 million claim in a matter of days or hours and perhaps you will understand the need for the life insurance company to have all of the information at its disposal to properly evaluate the risk.

Contestable periods vary by insurer and are typically 1-2 years, with extended contestable periods for fraud.

Let's assume. for example, that you applied for a life insurance policy and lied on the application that you never smoked. If during the contestable period the insurance company discovers that you in fact smoke like a chimney, they can rescind the policy, and refund your money. If, however, they discovered this after the contestable period had expired, they might not take the policy away from you unless there has been fraud.

With respect to "banking on the policy", there is plenty of evidence that insurance companies pay claims during the contestable period after a satisfactory contestable review.

If you prepay your life insurance application or disability insurance application you will receive a conditional receipt. The receipt spells out the conditions for which a claim will be paid during the underwriting period. Assume someone dies in a motor vehicle accident one month after a life insurance application and insurance physical have been submitted to the insurer. Should there be a claim during this time, the insurance company will typically continue underwriting the application as if the decedent were alive, collect all the underwriting requirements to determine if the decedent would have been insurable. If so. it pays the claim.

The contestability period is a crucial factor to consider when replacing one insurance policy with another

If you have had a policy with company A for 5 years, the contestable period is over. If you go to policy B to save a few bucks but in aspiring to be the next "Leland Van Lew" you neglect to disclose your "crocodile wrestling" and "volcano luging" avocations on the app, you may have some problems.

The classic scene from Universal Pictures' Along Came Polly (2004), features a passionate promotion of risk taking "Leland Van Lew" (portrayed by Bryan Brown) for insurance by "Sanford Lyle" (portrayed by the late Philip Seymour Hoffman d. 2014) to a panel of "insurance underwriters". What is notable is that "the insurance" was approved after FULL DISCLOSURE.

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2 responses to “What does the Life insurance policy “Contestable Period” mean?”

  1. Steve Craig Avatar

    John—thanks for your post on an important topic. As you know, incontestability provisions are “general provisions” required by all state insurance departments. They were introduced primarily to safeguard policy holders from unscrupulous insurers voiding their policies years after the fact for minor misstatements. They also give the insurance company a window (usually two years) to investigate the truthfulness of the applicant if a claim is incurred during that time or if there is any other reason to suspect there have been material misstatements on the application.
    For your readers who are considering buying life insurance, they will never have to worry about their life insurance policy being contested if they do one thing:
    Answer the questions on the application fully and completely to the best of their knowledge. If their agent completes the application for them, they must review it and assure that the answers recorded on the application reflect the answers they gave their agent.
    If this process was followed, the applicant could have cancer UNDIAGNOSED at the time the policy was issued, assuming there were no symptoms that would have caused a prudent person to seek coverage, and the life insurance company will pay the claim…
    Thanks again.
    Steven R. Craig, CLU, ChFC, MSFS

  2. John Darer Avatar

    Thanks for your input Steve

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