Health · Chapter 18 · Mandatory Provisions
Time Limit on Certain Defenses (Incontestability)
Definition
Mandatory provision making an individual health policy incontestable after a set period: in Florida, 2 years (F.S. 627.607) — the NAIC Model Act allows up to 3, but the FL 2-15 tests the Florida number. FRAUD always overrides the time limit — the insurer may rescind the policy back to its original date, refund all premiums, and deny all claims. The ACA (2010) greatly restricts this provision on individual major medical policies.
In plain English
The clock runs out on honest mistakes in the application — but never on fraud.
Exam tip
In Florida the answer is 2 years (F.S. 627.607); the NAIC model's 3 years appears in national materials. ⚠️ Unlike life insurance, health incontestability has a permanent fraud exception.
Easy to confuse with
These are what this term gets tested against — if you can't tell them apart cold, drill the contrast.
Related terms