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Fatima purchased a life insurance policy that included an incontestability provision so long as the policy has been in force during the lifetime of the

  • Fatima purchased a life insurance policy that included an incontestability provision so long as the policy "has been in force during the lifetime of the Insured for two years from the date of issue." Fatima did not disclose the fact that she was taking medication for hypertension and elevated lipids and had a history of chronic obstructive pulmonary disease. Fatima died twenty-one months after the policy was issued, and her husband made a claim on the policy within two weeks. United of Omaha Life Insurance Company (United) denied the claim four months later, twenty-five months after the policy was issued, based on the contestability clause and the undisclosed medical information. The husband sued, claiming that the contestability clause meant that United had to contest the policy within the two-year period. Did United wait too long to contest the policy? Why or why not?

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