Texas Statutes and Rules Pertinent to Life Insurance Only
A Texas individual life policy has been in force for more than two years during the insured’s lifetime, and its incontestability period has expired. May the insurer rely on a contractual fraud exception to reopen a contest about the original application?
Answer and explanation
Answer: C. Section 1101.006 makes the policy incontestable after the stated period except for nonpayment of premiums and permits an optional wartime naval or military-service exception. It does not authorize a general fraud exception extending the original application’s contestable period. A contest concerning a separate reinstatement is a different issue.Source: Texas Insurance Code — §1101.006; 28 TAC §4.604
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