Section 3.104 - Incontestable Clause(a) The policy must provide that it will be incontestable not later than two years from its date as provided in Insurance Code § 1101.006. If a reinstatement is contested for misrepresentation, then no representation other than one causing the reinstatement may be used to contest the policy. Any contest of the reinstatement may be for a material and fraudulent misrepresentation only and reinstatement may not be contested more than two years after it is effectuated, provided that this provision does not affect the company's right to contest a policy for a representation respecting the initial policy issuance or a different reinstatement during the incontestable period applicable to such issuance or reinstatement. Accidental death benefits and disability benefits need not be subject to such provision.(b) Any provision which could lengthen the contestable period of a policy beyond two years from its date is prohibited. For example, the policy may not state that it is incontestable after two years "while the policy is continuously in force."(c) The policy may contain provisions which allow its validity to be contested at any time whatsoever for: (1) nonpayment of premium; or(2) violation of the conditions of the policy relating to naval or military services in time of war. Note: War clauses are discussed in § 3.118(e) of this title (relating to Conversion Provision).(d) If the form under review contains no reference to contest after reinstatement, it will also be acceptable.(e) If more than one person is insured, the policy form must state that it is incontestable with respect to each insured.28 Tex. Admin. Code § 3.104
The provisions of this §3.104 adopted to be effective January 1, 1976; amended to be effective September 20, 1982, 7 TexReg 3244; Amended by Texas Register, Volume 47, Number 18, May 6, 2022, TexReg 2759, eff. 5/11/2022