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For what reason can an insurer NOT contest the validity of a life insurance policy during its first two years?

  1. Fraudulent claim

  2. Misstatement of age

  3. Material misrepresentation

  4. Failing to disclose pre-existing conditions

The correct answer is: Misstatement of age

The correct answer relates to the principle of incontestability, which is a fundamental aspect of life insurance policies in many jurisdictions, including Massachusetts. During the first two years of a life insurance policy, the insurer has the right to investigate and contest claims based on certain factors, but misstatement of age is generally not included among the reasons that allow insurers to deny a claim during this initial period. Specifically, if the insured's age was incorrectly stated in the application, the policy is typically adjusted based on the correct age rather than being outright contested. For instance, if the policyholder was older than stated, the insurer may alter the benefit amount to reflect the premium that would have been charged for that correct age. This principle is designed to ensure that policyholders are treated fairly, allowing them some degree of protection with regard to certain issues that may arise during the early years of the policy. In contrast, fraudulent claims, material misrepresentation, and failing to disclose pre-existing conditions can be valid grounds for contesting a policy within the two-year period, as these factors directly impact the underwriting process and the risk assessment conducted by the insurer. Thus, the limitation on contesting based on the misstatement of age is what makes it the correct answer in this context