{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-3528.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-3528.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-3528.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-3528.html"}],"law_id":362350,"edition_id":2,"section_id":362350,"structure_id":51753,"section_number":"38.2-3528","catch_line":"Incontestability","history":"1986, c. 562.","full_text":"A\n\nEach 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.\n\nB\n\nThe 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:\n\n1\n\nAfter 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\n\n2\n\nUnless the statement is contained in a written instrument signed by him.\n\nC\n\nThis 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.\n\n","order_by":null,"text":{"0":{"id":1349592,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1349593,"text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":1349594,"text":"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","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":1349595,"text":"Unless the statement is contained in a written instrument signed by him.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":1349596,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":51753,"edition_id":2,"name":"Group Accident and Sickness Insurance Policies","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":51750,"metadata":{"child_laws":36,"child_structures":0},"date_created":"2026-08-02 02:48:06","date_modified":"2026-08-02 12:33:14","permalink":{"id":1442741,"object_type":"structure","relational_id":51753,"identifier":"3","token":"38.2\/35\/3","url":"\/38.2\/35\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51750,"edition_id":2,"name":"Accident and Sickness Insurance Policies","identifier":"35","label":"chapter","depth":2,"order_by":35,"parent_id":51644,"metadata":{"child_laws":71,"child_structures":5},"date_created":"2026-08-02 02:48:04","date_modified":"2026-08-02 12:33:13","permalink":{"id":1442643,"object_type":"structure","relational_id":51750,"identifier":"35","token":"38.2\/35","url":"\/38.2\/35\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":362338,"structure_id":51753,"section_number":"38.2-3521","catch_line":"Repealed","url":"\/38.2-3521\/","token":"38.2\/35\/3\/38.2-3521","metadata":false},{"id":362336,"structure_id":51753,"section_number":"38.2-3521.1","catch_line":"Group accident and sickness insurance definitions","url":"\/38.2-3521.1\/","token":"38.2\/35\/3\/38.2-3521.1","metadata":false},{"id":362337,"structure_id":51753,"section_number":"38.2-3521.2","catch_line":"Blanket accident and sickness insurance","url":"\/38.2-3521.2\/","token":"38.2\/35\/3\/38.2-3521.2","metadata":false},{"id":362340,"structure_id":51753,"section_number":"38.2-3522","catch_line":"Repealed","url":"\/38.2-3522\/","token":"38.2\/35\/3\/38.2-3522","metadata":false},{"id":362339,"structure_id":51753,"section_number":"38.2-3522.1","catch_line":"Limits of group accident and sickness insurance","url":"\/38.2-3522.1\/","token":"38.2\/35\/3\/38.2-3522.1","metadata":false},{"id":362345,"structure_id":51753,"section_number":"38.2-3523","catch_line":"Repealed","url":"\/38.2-3523\/","token":"38.2\/35\/3\/38.2-3523","metadata":false},{"id":362341,"structure_id":51753,"section_number":"38.2-3523.1","catch_line":"Review of records","url":"\/38.2-3523.1\/","token":"38.2\/35\/3\/38.2-3523.1","metadata":false},{"id":362342,"structure_id":51753,"section_number":"38.2-3523.2","catch_line":"Policies issued outside of the Commonwealth of Virginia","url":"\/38.2-3523.2\/","token":"38.2\/35\/3\/38.2-3523.2","metadata":false},{"id":362343,"structure_id":51753,"section_number":"38.2-3523.3","catch_line":"Requirements for those marketing group accident and sickness insurance","url":"\/38.2-3523.3\/","token":"38.2\/35\/3\/38.2-3523.3","metadata":false},{"id":362344,"structure_id":51753,"section_number":"38.2-3523.4","catch_line":"Minimum number of persons covered","url":"\/38.2-3523.4\/","token":"38.2\/35\/3\/38.2-3523.4","metadata":false},{"id":362346,"structure_id":51753,"section_number":"38.2-3524","catch_line":"Repealed","url":"\/38.2-3524\/","token":"38.2\/35\/3\/38.2-3524","metadata":false},{"id":362347,"structure_id":51753,"section_number":"38.2-3525","catch_line":"Group accident and sickness insurance coverages of spouses, dependent children or other persons","url":"\/38.2-3525\/","token":"38.2\/35\/3\/38.2-3525","metadata":false},{"id":362348,"structure_id":51753,"section_number":"38.2-3526","catch_line":"Standard provisions required; exceptions","url":"\/38.2-3526\/","token":"38.2\/35\/3\/38.2-3526","metadata":false},{"id":362349,"structure_id":51753,"section_number":"38.2-3527","catch_line":"Grace period","url":"\/38.2-3527\/","token":"38.2\/35\/3\/38.2-3527","metadata":false},{"id":362350,"structure_id":51753,"section_number":"38.2-3528","catch_line":"Incontestability","url":"\/38.2-3528\/","token":"38.2\/35\/3\/38.2-3528","metadata":false},{"id":362351,"structure_id":51753,"section_number":"38.2-3529","catch_line":"Entire contract; statements deemed representations","url":"\/38.2-3529\/","token":"38.2\/35\/3\/38.2-3529","metadata":false},{"id":362352,"structure_id":51753,"section_number":"38.2-3530","catch_line":"Evidence of individual insurability","url":"\/38.2-3530\/","token":"38.2\/35\/3\/38.2-3530","metadata":false},{"id":362353,"structure_id":51753,"section_number":"38.2-3531","catch_line":"Additional exclusions and limitations","url":"\/38.2-3531\/","token":"38.2\/35\/3\/38.2-3531","metadata":false},{"id":362354,"structure_id":51753,"section_number":"38.2-3532","catch_line":"Misstatement of age","url":"\/38.2-3532\/","token":"38.2\/35\/3\/38.2-3532","metadata":false},{"id":362355,"structure_id":51753,"section_number":"38.2-3533","catch_line":"Individual certificates","url":"\/38.2-3533\/","token":"38.2\/35\/3\/38.2-3533","metadata":false},{"id":362356,"structure_id":51753,"section_number":"38.2-3534","catch_line":"Notice of claim","url":"\/38.2-3534\/","token":"38.2\/35\/3\/38.2-3534","metadata":false},{"id":362357,"structure_id":51753,"section_number":"38.2-3535","catch_line":"Claim forms","url":"\/38.2-3535\/","token":"38.2\/35\/3\/38.2-3535","metadata":false},{"id":362358,"structure_id":51753,"section_number":"38.2-3536","catch_line":"Proofs of loss","url":"\/38.2-3536\/","token":"38.2\/35\/3\/38.2-3536","metadata":{"court_decisions":""}},{"id":362359,"structure_id":51753,"section_number":"38.2-3537","catch_line":"Time of payment of claims","url":"\/38.2-3537\/","token":"38.2\/35\/3\/38.2-3537","metadata":false},{"id":362360,"structure_id":51753,"section_number":"38.2-3538","catch_line":"Payment of benefits","url":"\/38.2-3538\/","token":"38.2\/35\/3\/38.2-3538","metadata":false},{"id":362361,"structure_id":51753,"section_number":"38.2-3539","catch_line":"Physical examinations and autopsy","url":"\/38.2-3539\/","token":"38.2\/35\/3\/38.2-3539","metadata":false},{"id":362364,"structure_id":51753,"section_number":"38.2-3540","catch_line":"Legal actions","url":"\/38.2-3540\/","token":"38.2\/35\/3\/38.2-3540","metadata":false},{"id":362362,"structure_id":51753,"section_number":"38.2-3540.1","catch_line":"Claims experience","url":"\/38.2-3540.1\/","token":"38.2\/35\/3\/38.2-3540.1","metadata":false},{"id":362363,"structure_id":51753,"section_number":"38.2-3540.2","catch_line":"Employee wellness program","url":"\/38.2-3540.2\/","token":"38.2\/35\/3\/38.2-3540.2","metadata":false},{"id":362367,"structure_id":51753,"section_number":"38.2-3541","catch_line":"Continuation on termination of eligibility","url":"\/38.2-3541\/","token":"38.2\/35\/3\/38.2-3541","metadata":false},{"id":362365,"structure_id":51753,"section_number":"38.2-3541.1","catch_line":"Repealed","url":"\/38.2-3541.1\/","token":"38.2\/35\/3\/38.2-3541.1","metadata":false},{"id":362366,"structure_id":51753,"section_number":"38.2-3541.2","catch_line":"Enrollment following change in eligibility status under assistance programs","url":"\/38.2-3541.2\/","token":"38.2\/35\/3\/38.2-3541.2","metadata":false},{"id":362368,"structure_id":51753,"section_number":"38.2-3542","catch_line":"Notice to employees upon termination of coverage; penalty for failure to remit funds","url":"\/38.2-3542\/","token":"38.2\/35\/3\/38.2-3542","metadata":false},{"id":362371,"structure_id":51753,"section_number":"38.2-3543","catch_line":"Provisions required by other jurisdictions","url":"\/38.2-3543\/","token":"38.2\/35\/3\/38.2-3543","metadata":false},{"id":362369,"structure_id":51753,"section_number":"38.2-3543.1","catch_line":"Regulations","url":"\/38.2-3543.1\/","token":"38.2\/35\/3\/38.2-3543.1","metadata":false},{"id":362370,"structure_id":51753,"section_number":"38.2-3543.2","catch_line":"Applicability of laws","url":"\/38.2-3543.2\/","token":"38.2\/35\/3\/38.2-3543.2","metadata":false}],"previous_section":{"id":362349,"structure_id":51753,"section_number":"38.2-3527","catch_line":"Grace period","url":"\/38.2-3527\/","token":"38.2\/35\/3\/38.2-3527","metadata":false},"next_section":{"id":362351,"structure_id":51753,"section_number":"38.2-3529","catch_line":"Entire contract; statements deemed representations","url":"\/38.2-3529\/","token":"38.2\/35\/3\/38.2-3529","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3528\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 562 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 1986 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":1442799,"object_type":"law","relational_id":362350,"identifier":"38.2-3528","token":"38.2\/35\/3\/38.2-3528","url":"\/38.2-3528\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-3528\/","token":"38.2\/35\/3\/38.2-3528","dublin_core":{"Title":"Incontestability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3528","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each group accident and sickness insurance<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provision shall also state<\/span> that no statement made by any person<\/span> 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<\/span> with respect to which such statement was made: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> After the insurance<\/span> has been in force prior to the contest for a period of two years during the lifetime of the person<\/span> about whom the statement was made; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Unless the statement is contained in a written instrument signed by him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This provision shall not preclude the assertion at any time of defenses based on the person<\/span>’s ineligibility for coverage under the policy or upon other provisions in the policy. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCONTESTABILITY (\u00a7 38.2-3528)\n\nA. Each group accident and sickness insurance policy shall contain a provision\nthat the validity of the policy shall not be contested, except for nonpayment of\npremiums, after it has been in force for two years from its date of issue.\n\nB. The provision shall also state that no statement made by any person insured\nunder the policy relating to his insurability or the insurability of his insured\ndependents shall be used in contesting the validity of the insurance with\nrespect to which such statement was made:\n\n 1. After the insurance has been in force prior to the contest for a period of\n two years during the lifetime of the person about whom the statement was made;\n and\n\n 2. Unless the statement is contained in a written instrument signed by him.\n\nC. This provision shall not preclude the assertion at any time of defenses based\non the person’s ineligibility for coverage under the policy or upon other\nprovisions in the policy.\n\nHISTORY: 1986, c. 562.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}