{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3912.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3912.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3912.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3912.html"}],"law_id":72626,"edition_id":1,"section_id":72626,"structure_id":14709,"section_number":"38.2-3912","catch_line":"Incontestability of policies","history":"1985, c. 400, \u00a7 38.1-549.13; 1986, c. 562; 1987, c. 520.","full_text":"Every insurance policy or contract shall contain a provision that it shall be incontestable after it has been in force during the lifetime of the insured for two years from its date of issuance, except for nonpayment of the policy’s assessments or premiums. In the case of life policies and at the option of the insurer, provisions relating to benefits in the event of disability and provisions which grant additional insurance specifically against death by accident or accidental means, may be excepted in the incontestability provision. This provision may be omitted if the time limit on the certain defense clause specified in \u00a7 38.2-3911 is included.","order_by":null,"text":{"0":{"id":261429,"text":"Every insurance policy or contract shall contain a provision that it shall be incontestable after it has been in force during the lifetime of the insured for two years from its date of issuance, except for nonpayment of the policy’s assessments or premiums. In the case of life policies and at the option of the insurer, provisions relating to benefits in the event of disability and provisions which grant additional insurance specifically against death by accident or accidental means, may be excepted in the incontestability provision. This provision may be omitted if the time limit on the certain defense clause specified in \u00a7 38.2-3911 is included.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14709,"edition_id":1,"name":"Policy Provisions and Benefits","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14069,"metadata":{},"date_created":"2026-06-26 03:49:27","date_modified":"2026-06-26 03:49:27","permalink":{"id":216277,"object_type":"structure","relational_id":14709,"identifier":"3","token":"38.2\/39\/3","url":"\/38.2\/39\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14069,"edition_id":1,"name":"Mutual Assessment Life, Accident and Sickness Insurers","identifier":"39","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:46:47","date_modified":"2026-06-26 03:46:47","permalink":{"id":216231,"object_type":"structure","relational_id":14069,"identifier":"39","token":"38.2\/39","url":"\/38.2\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59863,"structure_id":14709,"section_number":"38.2-3910","catch_line":"Policy forms to be filed","url":"\/38.2-3910\/","token":"38.2\/39\/3\/38.2-3910","metadata":false},{"id":56365,"structure_id":14709,"section_number":"38.2-3911","catch_line":"Time limit on certain defenses","url":"\/38.2-3911\/","token":"38.2\/39\/3\/38.2-3911","metadata":false},{"id":72626,"structure_id":14709,"section_number":"38.2-3912","catch_line":"Incontestability of policies","url":"\/38.2-3912\/","token":"38.2\/39\/3\/38.2-3912","metadata":false},{"id":63584,"structure_id":14709,"section_number":"38.2-3913","catch_line":"Required grace periods","url":"\/38.2-3913\/","token":"38.2\/39\/3\/38.2-3913","metadata":false},{"id":69853,"structure_id":14709,"section_number":"38.2-3914","catch_line":"Policy to specify amount of payment and when to be paid","url":"\/38.2-3914\/","token":"38.2\/39\/3\/38.2-3914","metadata":false}],"previous_section":{"id":56365,"structure_id":14709,"section_number":"38.2-3911","catch_line":"Time limit on certain defenses","url":"\/38.2-3911\/","token":"38.2\/39\/3\/38.2-3911","metadata":false},"next_section":{"id":63584,"structure_id":14709,"section_number":"38.2-3913","catch_line":"Required grace periods","url":"\/38.2-3913\/","token":"38.2\/39\/3\/38.2-3913","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3912\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 400 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 1987, chapter 520.<\/p>","references":[{"id":56365,"section_number":"38.2-3911","catch_line":"Time limit on certain defenses","order_by":null,"url":"\/38.2-3911\/"}],"refers_to":[{"id":56365,"section_number":"38.2-3911","catch_line":"Time limit on certain defenses","order_by":null,"url":"\/38.2-3911\/"}],"permalink":{"id":216287,"object_type":"law","relational_id":72626,"identifier":"38.2-3912","token":"38.2\/39\/3\/38.2-3912","url":"\/38.2-3912\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3912\/","token":"38.2\/39\/3\/38.2-3912","dublin_core":{"Title":"Incontestability of policies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3912","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every insurance<\/span> policy or contract<\/span> shall contain a provision that it shall be incontestable after it has been in force during the lifetime of the insured for two years from its date of issuance, except for nonpayment of the policy’s assessments or premiums. In the case of life policies and at the option of the insurer<\/span>, provisions relating to benefits in the event of disability and provisions which grant additional insurance<\/span> specifically against death by accident or accidental means, may be excepted in the incontestability provision. This provision may be omitted if the time limit on the certain defense clause specified in \u00a7 38.2-3911<\/a> is included.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCONTESTABILITY OF POLICIES (\u00a7 38.2-3912)\n\nEvery insurance policy or contract shall contain a provision that it shall be\nincontestable after it has been in force during the lifetime of the insured for\ntwo years from its date of issuance, except for nonpayment of the policy’s\nassessments or premiums. In the case of life policies and at the option of the\ninsurer, provisions relating to benefits in the event of disability and\nprovisions which grant additional insurance specifically against death by\naccident or accidental means, may be excepted in the incontestability provision.\nThis provision may be omitted if the time limit on the certain defense clause\nspecified in \u00a7 38.2-3911 is included.\n\nHISTORY: 1985, c. 400, \u00a7 38.1-549.13; 1986, c. 562; 1987, c. 520.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}