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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 377

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  377.320.  Policy incontestable after one year. — In the event of death after any policy of insurance has been issued by any corporation, company or association, doing business under the provisions of sections 377.200 to 377.460, and after the policy has been in force for the period of one full year, then such policy of insurance shall be incontestable for any cause.

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(RSMo 1939 § 5882, A. 1949 H.B. 2094)

Prior revisions: 1929 § 5771; 1919 § 6181; 1909 § 6975

(1960) Alleged misrepresentations in obtaining policy cannot be considered after expiration of time fixed by policy and statute when policy became incontestable. Western Life Ins. Co.  v. White (A.), 331 S.W.2d 19.

(1960) Where application for reinstatement contained misrepresentation regarding insured's insurability, health, and consultation of doctors and at the time it was made insured was suffering a fatal malady, this section would not bar insurance company from contesting validity of policy since policy had not been in force for one year after reinstatement. Randall v. Western Life Ins. Co. (A.), 336 S.W.2d 125.


---- end of effective   28 Aug 1949 ----

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