One area in which errors are commonly made on life insurance applications and for which...

The incontestable clause does not prevent adjustment for a misstatement of age. In life insurance, the incontestable clause generally limits the insurer’s ability to challenge the validity of the policy after the contestability period has expired. However, age is treated differently because age directly affects the premium and the amount of insurance that the premium should have purchased. New Jersey law requires a misstatement-of-age provision stating that if the insured’s age, or another relevant person’s age, has been misstated, the amount payable or benefit accruing under the policy is adjusted to the amount the premium would have purchased at the correct age. New Jersey’s individual life form requirements also state that misstatement of age cannot be handled by rescission and premium refund; instead, the benefit must be increased or reduced based on the correct age. Occupation, education level, and state of residence may be underwriting facts, but they are not the standard exception to incontestability tested here. Reference topics: Incontestable Clause, Misstatement of Age, Application Accuracy, Policy Benefit Adjustment.