{"data":{"id":"us-ky/krs-304.17-060","jurisdiction":"us-ky","citation":"KRS 304.17-060","heading":"Limitation on defenses -- Incontestability.","body":"(1) (a) There shall be a provision as follows:\n\"Time Limit on Certain Defenses: After three (3) years from the date of issue\nof this policy no misstatements, except fraudulent misstatements, made by the\napplicant in the application for the policy shall be used to void the policy or to\ndeny a claim for loss incurred or disability (as defined in the policy)\ncommencing after the expiration of the three (3) year period.\"\n(The foregoing policy provision shall not be so construed as to affect any legal\nrequirement for avoidance of a policy or denial of a claim during the initial\nthree (3) year period, nor to limit the application of KRS 304.17 -190 to\n304.17-230, inclusive, in the event of misstatement with respect to age or\noccupation or other insurance.)\nA policy whic h the insured has the right to continue in force subject to its\nterms by the timely payment of premium (a) until at least age fifty (50) or (b)\nin the case of a policy issued after age forty-four (44) for at least five (5) years\nfrom its date of issue, may  contain in lieu of the foregoing the following\nprovision, from which the clause in parentheses may be omitted at the\ninsurer's option, under the caption \"Incontestable\":\n\"After the policy has been in force for a period of three (3) years during the\nlifetime of the insured (excluding any period during which the insured is\ndisabled), it shall become incontestable as to the statements contained in the\napplication.\"\n(b) No claim for loss incurred or disability as defined in the policy commencing\nafter two (2)  years from the date of issue of this policy shall be reduced or\ndenied on the ground that a disease or physical condition not excluded from\ncoverage by name or specific description effective on the date of loss had\nexisted prior to the effective date of coverage of this policy.\n(2) Paragraph (b) of subsection (1) of this section shall not apply to policies subject to\nKRS Chapter 304, Subtitle 17A.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17292","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:45Z","sha256":"0d4c7d50a89fa27db8a6530540fc779f8025f292f75ba27b2e45a06e1d295ae0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.17-050","next":"us-ky/krs-304.17-070"},"notice":"GroundRules: Original legal text. Not legal advice."}
