2020 Georgia Code
Title 33 - Insurance
Chapter 28 - Annuity and Pure Endowment Contracts
§ 33-28-5. Contesting of Contract After Reinstatement

Universal Citation: GA Code § 33-28-5 (2020)

A reinstated annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement and with the same conditions and exceptions as the contract provides with respect to contestability after original issuance.

(Code 1933, § 56-2510, enacted by Ga. L. 1960, p. 289, § 1.)

Law reviews.

- For note, "Incontestability Clauses in Georgia Insurance Contracts," see 13 Ga. L. Rev. 850 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 44 Am. Jur. 2d, Insurance, § 768 et seq.

C.J.S.

- 46 C.J.S., Insurance, § 1222 et seq.

ALR.

- Insurance: incontestable clause as excluding a defense based upon public policy, 13 A.L.R. 674; 35 A.L.R. 1491; 170 A.L.R. 1040.

Insurance: effect of incontestable clause on supplemental contracts, 45 A.L.R. 1369.

Express exception in incontestability clause as negativing other exceptions thereto, 88 A.L.R. 773.

Applicability of incontestable clause to defense based on false impersonation or mistake as to identity of person insured, 98 A.L.R. 710.

Change in, renewal of, or substitution for original policy of life insurance as affecting time limitation prescribed by original policy in respect of defenses available to insurer, 110 A.L.R. 1139.

Grounds for cancelation or rescission of annuity agreement, or for recovery back of property conveyed, or money paid, thereunder, 131 A.L.R. 424.

What amounts to contest within contemplation of incontestable clause, 95 A.L.R.2d 420.

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