Contestability Period Fact Sheet

Christian Lassen, Esq. | Quoted in The Wall Street Journal | 25 Years Experience Helping beneficiaries nationwide challenge life insurance claims denied during the contestability period.

What Is the Contestability Period?

The contestability period is a provision in most life insurance policies that allows insurers to review and investigate claims if the insured dies within the first two years of coverage. During this time, insurers may scrutinize the application for misstatements, omissions, or alleged fraud.

If discrepancies are found, insurers may deny the claim or rescind the policy, even if premiums were paid and coverage was otherwise valid.

Why Claims Get Denied During the Contestability Period

Common scenarios include:

• Death occurs within the first two years of coverage
• Insurer alleges misrepresentation of medical history or lifestyle habits
• Omissions regarding smoking, alcohol, or drug use
• Errors in application completed by agents or employers
• Disputes over whether misstatements were material to coverage
• Insurers using the contestability clause as a tactic to delay or deny payment

What To Do If Your Claim Was Denied

1. Request the denial letter and claims file from the insurer.
2. Obtain a copy of the original application and compare it to medical records.
3. Determine whether the alleged misstatement was material to coverage.
4. Consult an experienced life insurance attorney many contestability denials can be challenged.
5. Act quickly appeals and lawsuits have strict deadlines.

Your Legal Rights

• Insurers must prove misstatements were material and affected their decision to issue coverage.
• Beneficiaries can challenge denials caused by minor errors or agent mistakes.
• Courts often overturn denials when insurers misuse contestability provisions to avoid payment.

Case Example

We helped a family recover $300,000 after the insurer denied benefits during the contestability period, alleging misrepresentation of medical history. By proving the alleged omission was minor and not material, we secured full payment.

Frequently Asked Questions

Q: How long is the contestability period? 

A: Typically two years from the date the policy is issued.

Q: Does every death within two years trigger review? 

A: Yes insurers almost always investigate claims during this period.

Q: Can insurers deny claims for minor errors? 

A: No only material misstatements justify denial.

Q: Do I need an attorney? 

A: Yes contestability disputes are complex and often involve litigation.

How We Help

• Review applications, medical records, and insurer claims files.
• Challenge wrongful denials based on contestability provisions.
• File lawsuits for breach of contract and bad faith when necessary.
• Secure rightful payouts for families nationwide.

Contact Us

If your life insurance claim was denied during the contestability period, don’t wait. Insurers count on families giving up. Call 800‑330‑2274 for a free consultation. No fees unless we win.

Key Takeaways

• The contestability period lasts two years from policy issuance.
• Insurers use this period to investigate claims for misrepresentation.
• Beneficiaries can challenge denials caused by minor errors or agent mistakes.
• Prompt legal action increases the chance of success.

Written & Reviewed by Christian Lassen, Esq., Nationally recognized life insurance lawyer: 25 years experience, hundreds of millions recovered.  Quoted in The Wall Street Journal ( May 17, 2025).

Last reviewed: Dec 7, 2025 | Contact 800-330-2274