CODE OF VIRGINIA

INCONTESTABILITY (§ 38.2-3528)

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.

HISTORY: 1986, c. 562.