Revised Code of Washington

Wash. Rev. Code § 48.24.120 (2026)

Incontestability

✓ current as of May 2026

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There shall be a provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue; and that no statement made by an individual insured under the policy relating to his or her insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two years during such individual's lifetime nor unless it is contained in a written instrument signed by him [or her].

[ 2009 c 549 s 7108; 1947 c 79 s 24.12; Rem. Supp. 1947 s 45.24.12.]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1981–2021 · leading case: Uslife Credit Life Ins. v. McAfee, 630 P.2d 450 (Wash. Ct. App. 1981).

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Uslife Credit Life Ins. v. McAfee, 630 P.2d 450 (Wash. Ct. App. 1981). · cites it 2× “140, and if such evidence was required, provided that it had to appear in a written statement signed by the insured or else it could not be used to contest the validity of the insurance, RCW 48.24.120. No such conditions were stated in the group policies and certificates before…”

New York Life Ins. Co. v. Mitchell (W.D. Wash. 2021). · cites it 4× “Wash. Rev. Code § 48.24.120 . If a policy contains such an incontestability clause and those two years have passed, can an insurer nevertheless obtain a declaratory 23 judgment that the policy is void because (1) it was obtained by fraud by an imposter of the insured; (2) the…”

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