California Codes

Cal. Insurance Code § 10350.2 (2026)

Compulsory Standard Provisions—Uniform Provisions

✓ current as of May 2026
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A disability policy shall contain a provision that shall be in one of the two forms set forth in this section. Policies other than noncancellable policies shall use Form A. Noncancellable policies shall use either Form A or Form B. In Form B, the clause in parentheses in paragraph (a) may be omitted at the insurer’s option. Paragraph (a) in Form A shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during the initial two-year period, nor to limit the application of Sections 10369.2 to 10369.6, inclusive, in the event of misstatement with respect to age or occupation or other insurance.


Form A.

Time Limit on Certain Defenses:(a)After two years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for the 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 the two-year period.

(b)No claim for loss incurred or disability (as defined in the policy) commencing after two 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.


Form B.

Incontestable:(a)After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.

(b)No claim for loss incurred or disability (as defined in the policy) commencing after two 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.

Notes of Decisions
Cited in 7 cases, 1994–2009 · leading case: Morris v. Paul Revere Life Ins. Co., 135 Cal. Rptr. 2d 718 (Cal. Ct. App. 2003).
Morris v. Paul Revere Life Ins. Co., 135 Cal. Rptr. 2d 718 (Cal. Ct. App. 2003). · cites it 3× “” The policies also included an incontestability clause, as required by California Insurance Code section 10350.2, which provided: “a.”
Sweatman v. Dep't of Vets. Affairs, 18 P.3d 29 (Cal. 2001). “) Thus, as pertinent herein, Insurance Code section 10350.2 mandates that a disability policy must contain an “incontestable clause,” providing that “[n]o claim for .”
20th Century Ins. v. Superior Court, 109 Cal. Rptr. 2d 611 (Cal. Ct. App. 2001). “5 and 10206) and disability (Ins. Code, § 10350.2) policies; disclosure requirements for binding arbitration provisions in disability policies (Ins.”
Griffin Dewatering Corp. v. N. Ins. Co. of New York, 176 Cal. App. 4th 172 (Cal. Ct. App. 2009). “” 35 The exact language, quoted in Morris , was: “The policies also included an incontestability clause, as required by California Insurance Code section 10350.2, which provided: ‘a.”
Equitable Life Assurance Soc'y of the United States v. Thomas E. Bell, 27 F.3d 1274 (7th Cir. 1994). “, Cal.Ins.Code § 10350.2 (West 1993); Fla.Stat.”
Galanty v. Paul Revere Life Ins. Co., 77 Cal. Rptr. 2d 589 (Cal. Ct. App. 1998). “" The policy also contained, as required by law (Ins.Code, § 10350.2), an incontestability clause: "a.”
Paul Revere Life Ins. v. Fima, 105 F.3d 490 (9th Cir. 1997). “Cal.Ins.Code § 10350.2 (West 1993 & Supp.”
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