38.2-3528 - Incontestability.
§ 38.2-3528. Incontestability.
A. Each group accident and sickness insurance policy shall contain aprovision that the validity of the policy shall not be contested, except fornonpayment of premiums, after it has been in force for two years from itsdate of issue.
B. The provision shall also state that no statement made by any personinsured under the policy relating to his insurability or the insurability ofhis insured dependents shall be used in contesting the validity of theinsurance with respect to which such statement was made:
1. After the insurance has been in force prior to the contest for a period oftwo years during the lifetime of the person about whom the statement wasmade; 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 defensesbased on the person's ineligibility for coverage under the policy or uponother provisions in the policy.
(1986, c. 562.)