Virginia § 38.2-3528 Incontestability

Virginia Statutes

§ 38.2-3528 — Incontestability

Virginia § 38.2-3528

Title 38.2INSURANCE

Ch. 35ACCIDENT AND SICKNESS INSURANCE POLICIES

Art. 3GROUP ACCIDENT AND SICKNESS INSURANCE POLICIES

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Bluebook

Va. Code Ann. § 38.2-3528 (2026).

Text

A.Each group accident and sickness insurance policy shall contain a provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue.

B.The provision shall also state that no statement made by any person insured under the policy relating to his insurability or the insurability of his insured dependents shall be used in contesting the validity of the insurance with respect to which such statement was made:

1.After the insurance has been in force prior to the contest for a period of two years during the lifetime of the person about whom the statement was made; and

2.Unless the statement is contained in a written instrument signed by him.

C.This provision shall not preclude the asserti

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A. Each group accident and sickness insurance policy shall contain a provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue.

B. The provision shall also state that no statement made by any person insured under the policy relating to his insurability or the insurability of his insured dependents shall be used in contesting the validity of the insurance with respect to which such statement was made:

1. After the insurance has been in force prior to the contest for a period of two years during the lifetime of the person about whom the statement was made; and

2. Unless the statement is contained in a written instrument signed by him.

C. This provision shall not preclude the assertion at any time of defenses based on the person's ineligibility for coverage under the policy or upon other provisions in the policy.