Illinois General Assembly - Illinois Compiled Statutes

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215 ILCS 5/357.3

(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)

Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES:

(1) After 2 years from the
date of issue of this policy no misstatements, except fraudulent
misstatements, made by the applicant in the application for such policy
shall be used to void the policy or to deny a claim for loss incurred or
disability (as defined in the policy) commencing after the expiration of
such 2 year period."

(The foregoing policy provision shall not be so construed as to affect
any legal requirement for avoidance of a policy or denial of a claim during
such initial 2 year period, nor to limit the application of section 357.15
through section 357.19 in the event of misstatement with respect to age
or occupation or other insurance.)

A policy which the insured has the right to continue in force subject to
its terms by the timely payment of premium (1) until at least age 50 or,
(2) in the case of a policy issued after age 44, for at least 5 years from
its date of issue, may contain in lieu of the foregoing the following
provisions (from which the clause in parentheses may be omitted at the
company's option) under the caption "INCONTESTABLE":

"After this policy has been in force for a period of 2 years during the
lifetime of the insured (excluding any period during which the insured is
a person  with a disability), it shall become incontestable as to the statements contained in
the application."

(2) "No claim for loss incurred or disability (as defined in the policy)
commencing after 2 years from the date of issue of this policy shall be
reduced or denied on the ground that a disease or physical condition not
excluded from coverage by name or specific description effective on the
date of loss had existed prior to the effective date of coverage of this
policy."

(Source: P.A. 99-143, eff. 7-27-15.)