State RegulationsMA specificDifficulty 2/5
An insured died in a combat zone more than two years after his Massachusetts life policy was issued, and the insurer alleges the risk arose from conditions of his wartime military service. Under M.G.L. c. 175, § 132(2), may the insurer contest the policy on that basis?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
M.G.L. c. 175, § 132(2) carves wartime military or naval service conditions out of the two-year incontestability protection. Alongside nonpayment of premiums, this exception survives the incontestable period: a Massachusetts insurer may still contest the policy where the asserted ground is a condition relating to the insured's wartime service. The exception reflects the extraordinary, uninsurable nature of war risks rather than any defect in the application.
Why the other options are wrong
- B) The incontestability period has express exceptions in M.G.L. c. 175, § 132(2) — nonpayment and wartime military or naval service conditions among them — so it is not absolute.
- C) The wartime exception belongs to the insurer as a ground of contest; the beneficiary's position has nothing to do with raising it.
- D) The statute conditions no such refund; the wartime exception operates without any premium-refund requirement.
Memory hook
War risks stay contestable — the two-year shield has a military carve-out.