Tex.
Ins. Code Section 1201.208
Policy Provision: Incontestability
(a)
Except as provided by Subsection (c), an individual accident and health insurance policy must contain the following provision:(b)
Clause (a) of the provision required by Subsection (a) does not:(1)
affect any legal requirement for avoidance of a policy or denial of a claim during the initial two-year period; or(2)
limit the application of Section 1201.219 (Policy Provision: Change of Occupation), 1201.220 (Policy Provision: Misstatement of Age), or 1201.221 (Policy Provision: Excess Insurance) in a case of a misstatement regarding age, occupation, or other insurance.(c)
For a policy that provides that the insured is entitled to continue the policy in force by the timely payment of premiums until the insured reaches at least 50 years of age or, if the policy was issued after the insured reached 44 years of age, until at least the fifth anniversary of the policy’s date of issuance, an insurer may use the following clause instead of Clause (a) of the provision required by Subsection (a):(d)
The provision provided by Subsection (c) must be under the caption “Incontestable.” An insurer that uses the provision may omit the parenthetical clause.
Source:
Section 1201.208 — Policy Provision: Incontestability, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1201.htm#1201.208 (accessed Jun. 5, 2024).
