A life insurer denied the death claim because of a mistake on the application, and the policy is 18 months old. Is that allowed?

Life insuranceDeniedChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Florida Legislature · 2026 Florida Statutes · s. 627.455 View original ↗

In short

In the first 2 years, the insurer can check the application.
In many states, a wrong answer must matter ("material") to deny.
Ask which answer they mean and why it mattered. State rules differ.

What this means

At 18 months, most policies are still in the 2-year "contestable period." For example, in Florida a life policy can't be contested once it has been in force for 2 years from its issue date [1]. Texas's insurance department says that in the first two years the company can check the form you filled out. If it finds wrong answers, it can deny payment. Then it must pay back the premiums [2].

But a wrong answer is not always enough. In Texas, a wrong answer on a life policy form does not block payment unless it was about a "material fact." It also must have changed the risk the insurer took on [3]. Texas also says the insurer must send a notice that it will not be bound by the policy. It must send it before the 91st day after it finds the wrong answer [4]. In Florida, a wrong answer can block payment only if it was fraud or "material." It also counts if the insurer would not have sold the policy, or not at the same price or amount, had it known the truth [5].

Other states have their own rules — "Don't know yet" for states not listed here.

Your next step

Ask the insurer in writing which answer it means. Ask why that answer mattered and when it found the problem. Ask for a copy of the application. The sources give no deadline to dispute a denial. Check the denial letter and the policy.

Check it yourself

Find the issue date on the policy. Count 2 years from it to see if the death came first. Whether one wrong answer "mattered" depends on the case — "Don't know yet" for any one claim.

Where this comes from (5)

[1] Florida Legislature · 2026 Florida Statutes · s. 627.455 · checked 2026-11-06
Every insurance contract shall provide that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of 2 years from its date of issue except for nonpayment of premiums
[2] Texas Department of Insurance · Life insurance guide · checked 2026-11-06
Life insurance policies have a two-year contestable period. If you die within this period, the company may review the information you gave on your insurance application. If the company learns you gave wrong information or didn't disclose something, it can deny payment. … If a company denies payment, it must return the premiums to your beneficiary.
[3] Texas Legislature · Insurance Code ch. 705 · Sec. 705.051 · checked 2026-11-06
A misrepresentation in an application for a life, accident, or health insurance policy does not defeat recovery under the policy unless the misrepresentation: (1) is of a material fact; and (2) affects the risks assumed.
[4] Texas Legislature · Insurance Code ch. 705 · Sec. 705.005(b) · checked 2026-11-06
A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the representation, the defendant gave notice that the defendant refused to be bound by the policy: (1) to the insured, if living; or (2) to the owners or beneficiaries of the insurance …
[5] Florida Legislature · 2026 Florida Statutes · s. 627.409(1) · checked 2026-11-06
a misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the contract or policy only if any of the following apply: (a) The misrepresentation, omission, concealment, or statement is fraudulent or is material to the acceptance of the risk or to the hazard assumed by the insurer. (b) If the true facts had been known to the insurer pursuant to a policy requirement or other re…

How we found this

We matched your question to 5 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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