There shall be a provision as follows:
"Time Limit on Certain Defenses: (1) After two years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two-year period."
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two-year period nor to limit the application of Sections 27-19-17 through 27-19-21 in the event of misstatement with respect to age or occupation or other insurance.)
(A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium:
(1) Until at least age 50; or
(2) In the case of a policy issued after age 44, for at least five years from its date of issue may contain in lieu of the foregoing the following provision, from which the clause in parentheses may be omitted at the insurer's option, under the caption "Incontestable":
"After this policy has been in force for a period of two years during the lifetime of the insured, excluding any period during which the insured is disabled, it shall become incontestable as to the statements contained in the application.)"
"(2) No claim for loss incurred or disability (as defined in the policy) commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."
Structure Code of Alabama
Chapter 19 - Disability Insurance Policies.
Article 1 - General Provisions.
Section 27-19-1 - Applicability of Article.
Section 27-19-2 - Scope and Format of Policy.
Section 27-19-3 - Mandatory Policy Provisions - Generally.
Section 27-19-4 - Mandatory Policy Provisions - Entire Contract; Changes.
Section 27-19-5 - Mandatory Policy Provisions - Time Limit on Certain Defenses.
Section 27-19-6 - Mandatory Policy Provisions - Grace Period.
Section 27-19-7 - Mandatory Policy Provisions - Reinstatement.
Section 27-19-8 - Mandatory Policy Provisions - Notice of Claim; Notice of Disability Continuance.
Section 27-19-9 - Mandatory Policy Provisions - Claim Forms.
Section 27-19-10 - Mandatory Policy Provisions - Proofs of Loss.
Section 27-19-11 - Mandatory Policy Provisions - Time of Payment of Claims.
Section 27-19-12 - Mandatory Policy Provisions - Payment of Claims.
Section 27-19-13 - Mandatory Policy Provisions - Physical Examination and Autopsy.
Section 27-19-14 - Mandatory Policy Provisions - Legal Actions.
Section 27-19-15 - Mandatory Policy Provisions - Change of Beneficiary.
Section 27-19-16 - Optional Policy Provisions - Generally.
Section 27-19-17 - Optional Policy Provisions - Change of Occupation.
Section 27-19-18 - Optional Policy Provisions - Misstatement of Age.
Section 27-19-19 - Optional Policy Provisions - Other Insurance in This Insurer.
Section 27-19-21 - Optional Policy Provisions - Insurance With Other Insurers - Other Benefits.
Section 27-19-22 - Optional Policy Provisions - Relation of Earnings to Insurance.
Section 27-19-23 - Optional Policy Provisions - Unpaid Premiums.
Section 27-19-24 - Optional Policy Provisions - Conformity With State Statutes.
Section 27-19-25 - Optional Policy Provisions - Illegal Occupation.
Section 27-19-26 - Optional Policy Provisions - Intoxicants and Narcotics.
Section 27-19-27 - Order of Provisions in Policy.
Section 27-19-29 - Ownership in Person Other Than Insured.
Section 27-19-30 - Provisions of Other Jurisdictions.
Section 27-19-31 - Renewability.
Section 27-19-32 - Examination and Return of Policy.
Section 27-19-33 - Addition of Endorsements or Riders to Existing Policies.
Section 27-19-34 - Compliance With Article by Rider or Endorsement.
Section 27-19-35 - Construction of Policy Provisions.
Section 27-19-36 - Age Limit or Date for Termination of Coverage.
Section 27-19-37 - Disability Insurance on Franchise Plan.
Section 27-19-38 - Coverage of Newly Born Children in Health Insurance Policies.
Section 27-19-39 - Policies, etc., Providing for Reimbursement for Visual Service.