Which three items are among the cases that can be contested under the incontestability clause?

• A. Impersonation, misstatement of age, and concealment
• B. Impersonation, misrepresentation, and fraud
• C. Impersonation, no insurable interest, and misrepresentation
• D. Impersonation, no insurable interest, and intent to murder

Answer: (D)

The key idea is that after the policy has been in force for the contestability period, the insurer usually can’t challenge ordinary misstatements, but certain fundamental issues can still be grounds to contest. Impersonation, lack of insurable interest, and intent to murder fall into that category because they attack the validity or purpose of the contract itself.

Impersonation means the policy was obtained under a false identity, which is fraud and undermines the contract from the start. No insurable interest means there wasn’t a legitimate financial stake in the insured’s life, so the contract lacks an essential element of coverage. Intent to murder indicates the policy was procured for a criminal purpose, making the arrangement void or voidable regardless of the time that has elapsed. These scenarios are not protected by the incontestability shield, so they can be challenged even after the policy has been in force for the required period.