Even after a New York life policy's incontestability period has run, which of the following remains an express exception under N.Y. Ins. Law §3203(a)(3)?

Why D is correct

Under N.Y. Ins. Law §3203(a)(3), the incontestability clause has express exceptions: nonpayment of premiums, the war-service provision, and - at the company's option - total-disability and accidental-death benefit provisions. The insurer may therefore always raise nonpayment even after the policy is otherwise incontestable. A misstatement of age is instead handled by adjusting the benefit under §3203(a)(5), not by contesting the policy.

Why the other options are wrong

• A) A misstatement of age does not void the policy at any time; under §3203(a)(5) the benefit is adjusted to what the premium would have purchased at the correct age.
• B) Suicide affects the death benefit only within 2 years of issue under §3203(b)(1)(B); after that the benefit must be paid.
• C) After the policy becomes incontestable under §3203(a)(3), the insurer may not contest it for minor or immaterial misstatements.

Memory hook

Incontestable - except nonpayment, war-service, and optional rider benefits.