Florida’s Two Year Life Insurance Contestability Clause

Losing a loved one is one of the most difficult experiences a family can go through. When you submit a life insurance claim during this grieving period, you expect the insurance company to honor the policy and provide the financial support your family needs. Unfortunately, insurance companies sometimes attempt to delay or deny these claims by investigating the original application for alleged misrepresentations. If you find yourself in this situation, understanding Florida’s two-year incontestability clause can be incredibly important for protecting your rights as a beneficiary.

For more than 20 years, our office has stood with families in life insurance disputes across the state. We know how frustrating it can be when a life insurance company refuses to pay a valid claim. If your loved one held a life insurance policy for several years before their passing, state law provides strong protections that can prevent the insurer from denying your benefits.

What is the Florida Incontestability Statute?

Florida law recognizes that life insurance companies should not have an unlimited amount of time to cancel a policy or deny a claim based on errors made during the application process. To protect consumers, the state legislature created a specific time limit, commonly known as the contestability period.

The exact language of the law is found in Florida Statute § 627.455. The statute reads as follows:

627.455 Incontestability. – Every insurance contract shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years from its date of issue except for nonpayment of premiums and except, at the option of the insurer, as to provisions relative to benefits in event of disability and as to provisions which grant additional insurance specifically against death by accident or accidental means.

Note that the law may change from this 2026 version, so contact our Florida life insurance lawyers to review the current law and your case. While the statute uses the word “shall” as part of the official legal code, the practical application means that if a policy has been active for at least two years during the lifetime of the insured person, the insurance company generally cannot deny the death benefit due to application inaccuracies or omitted medical history.

What This Means for Life Insurance Beneficiaries

When a person passes away within the first two years of purchasing a life insurance policy, the insurance company can conduct a routine contestability investigation. During this time, adjusters may review medical records and application documents to see if the insured person failed to disclose a pre-existing health condition or engaged in risky hobbies. If the company finds a material misrepresentation, they might attempt to rescind the policy and deny the death benefit.

However, once that two-year anniversary passes, the policy crosses a critical threshold. If you are a beneficiary on a life insurance policy that was in effect for at least two years prior to the insured’s passing, you should be entitled to collect the life insurance benefits in Florida. The insurance company can no longer use application errors, innocent mistakes, or undisclosed medical history as an excuse to avoid paying the claim.

Limited Exceptions to the Two-Year Contestability Clause

There are very limited exceptions to Florida’s two-year incontestability clause in life insurance contracts. As outlined in the statute, the primary exception is the nonpayment of premiums. After two years, a Florida life insurance company can still deny payment of benefits if the policyholder stopped paying their monthly premiums and the policy lapsed before their death.

Additionally, the insurance company may include optional exceptions regarding specific disability benefits or provisions granting extra insurance for accidental death. An experienced life insurance dispute attorney can review the specific terms of your loved one’s policy to see how these narrow exceptions might apply to your case.

Life Insurance Companies We Can Handle

Even when a policy is clearly past the two-year mark, some insurance companies might still use delay tactics, request unnecessary documentation, or wrongly attempt to deny a claim. We handle life insurance claims in Florida against nearly all life insurance companies operating in the state. These can include, but are not limited to:

• Prudential
• Banner Life
• State Farm
• New York Life
• MassMutual
• Gerber
• Globe Life
• Guardian Life
• American General
• Lincoln Financial
• Mutual of Omaha
• Northwestern Mutual
• USAA
• Allstate
• Transamerica
• And many others

Representing Beneficiaries Throughout Florida

Life insurance disputes can happen anywhere. Our law firm is equipped to handle life insurance disputes in Miami, Fort Lauderdale, Orlando, Tampa, and virtually every city in Florida. We can navigate the complex claims process, file formal lawsuits if necessary, and fight to ensure that the insurance company honors its contractual obligations to your family.

Contact a Florida Life Insurance Dispute Lawyer Today

If you are claiming benefits under a life insurance policy in Florida that has been in effect for more than two years, and the Florida life insurance company is not paying the benefits timely, do not accept a delay or denial without a fight. The insurance company has its own legal team protecting its profits, and you may need a strong advocate to protect your family’s financial future.

Call the Law Offices of Jason Turchin today for a free, confidential consultation at (800) 337-7755. We can review your denial letter, examine the policy documents, and help you determine the best path forward to secure the benefits you deserve.

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