PassSprint
State RegulationsVA specificDifficulty 2/5

A life policy in Virginia has passed its contestability period. The insurer discovers the policyowner stopped paying premiums and the policy has lapsed. Under Va. Code § 38.2-3305, what is the insurer's position?

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

Va. Code § 38.2-3305 makes a life policy incontestable after 2 years except for nonpayment of premium. That exception survives the passage of the contestability period: a policy that has lapsed for unpaid premiums provides no death benefit regardless of how long the policy previously ran. Incontestability protects honest applicants from old misstatements; it was never meant to force insurers to pay claims on policies whose premiums stopped.

Why the other options are wrong

  • B) The statute expressly excepts nonpayment of premium from the contestability bar, so the insurer may rely on the lapse.
  • C) Reinstatement under Va. Code § 38.2-3311 is the policyowner's option, not a precondition to the insurer's defense on nonpayment.
  • D) The exception for nonpayment is not time-limited in that way; it applies whenever premiums go unpaid.

Memory hook

Incontestability forgives misstatements, never missed premiums.

Keep studying

Related Practice Questions

Your study shortcut

Install PassSprint

Add PassSprint to your Home Screen and open it like an app whenever you're ready to practice.

  1. Open this website in Chrome.
  2. Tap the three-dot menu (⋮) at the top right.
  3. Choose Install app or Add to Home screen → Install, then confirm.

Once added, tap the PassSprint icon on your Home Screen to get started.

Can't find the install option?

If you opened this link inside another app, copy it and open it in Chrome. Menu names can vary by browser.