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Skydiving and the Incontestability Clause

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mazz83

Junior Member
What is the name of your state (California)?

This is the contract in question:
http://www.megaupload.com/?d=OYOHEG9J

Its a contract from USAA in .pdf format.
click the link.
enter the code and press enter
wait 45 secs and download
takes less than 1 minute.

The contract doesn't seem to have wordage that would exclude paying if a person dies while skydiving so I think I'm good there.

What I really want to know is if I get it and say 6 months to a year down the road I decide to take up skydiving, could they contest payment if I die since I said I am not a skydiver on the application.

Hypothetical situation:
I get the insurance and on the app I say that I am not a skydiver (Im not). 6 months to a year from now I decide to take up the sport and end up dying.

Would they pay or contest it on the grounds that I lied on the application?

What if I die after the 2 year period, would they pay since I started before the 2 year period?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
I believe that you are OK. I made the same inquiry to the insurer when they asked if I drove racecars or skydived or was a flight instructor (I had to answer yes to the are you a pilot question already). I said no but I might in the future, and they said that was OK policy rates were done based on now. It's the same thing with smoking. You can go in and even be pee tested as a non-smoker, but that doesn't mean you won't start smoking tomorrow.

It's not incontestability anyhow. That refers to them protesting the accuracy of any statement you made on the policy. I.e., if you tell them you aren't a skydiver, and you were, they only have two years to bring up the issue.
 

Betty

Senior Member
I was a life ins. underwriter & if you answered the skydiving question correctly as to how it pertained to you at the time you completed the application, you will be fine. If it only asks, "do you currently skydive" & you don't & answer no but take up skydiving in the future (ie in 6 mos.) & die doing so (let's hope not though), the co. would pay. The ins. co. can't take adverse action on something that happens in the future which didn't apply at the time the application was completed.

However; if you apply for a policy where the policy provisions exclude paying due to death while skydiving, then that is a different story - the co. would not be liable. In those cases though they don't ask the skydiving question on the application since death due to skydiving is excluded anyway.
 

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