2013 US Code
Title 38 - Veterans’ Benefits
Part II - GENERAL BENEFITS (§§ 1101 - 2414)
Chapter 19 - INSURANCE (§§ 1901 - 1988)
Subchapter II - UNITED STATES GOVERNMENT LIFE INSURANCE (§§ 1940 - 1963)
Section 1947 - Incontestability
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 38 - VETERANS' BENEFITS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 19 - INSURANCE SUBCHAPTER II - UNITED STATES GOVERNMENT LIFE INSURANCE Sec. 1947 - Incontestability |
| Contains | section 1947 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1159, §747; Pub. L. 99-576, title VII, §701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered §1947 and amended Pub. L. 102-83, §§4(a)(2)(A)(iii)(VI), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406. |
| Statutes at Large References | 72 Stat. 1159 100 Stat. 3293 105 Stat. 403-406 |
| Public Law References | Public Law 85-857, Public Law 99-576, Public Law 102-83 |
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Subject to the provisions of section 1954 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or converted shall be incontestable from the date of issuance, reinstatement, or conversion, except for fraud, nonpayment of premiums, or on the ground that the applicant was not a member of the military or naval forces of the United States. The insured under such contract or policy may, without prejudicing the insured's rights, elect to make claim to the Department or to bring suit under section 1984 of this title on any prior contract or policy, and if found entitled thereto, shall, upon surrender of any subsequent contract or policy, be entitled to payments under the prior contract or policy. In any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Secretary shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Secretary to issue, reinstate, or convert such insurance less any dividends, loan, or other payment made to the insured under such contract or policy.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1159, §747; Pub. L. 99–576, title VII, §701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered §1947 and amended Pub. L. 102–83, §§4(a)(2)(A)(iii)(VI), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
AMENDMENTS1991—Pub. L. 102–83, §5(a), renumbered section 747 of this title as this section.
Pub. L. 102–83, §5(c)(1), substituted "1954" for "754" and "1984" for "784".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" before "shall" in last sentence.
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Pub. L. 102–83, §4(a)(2)(A)(iii)(VI), substituted "Secretary" for "Veterans' Administration" before "to issue" in last sentence.
1986—Pub. L. 99–576 substituted "the insured's" for "his".
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