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HRS §431:10D-109

What an incontestable clause does and does not cover

This section explains that a life insurance policy's incontestable clause only stops the insurer from challenging whether the policy is valid after a certain time. It does not stop the insurer from using policy terms that limit or exclude coverage, even if those terms are not listed in the clause.

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The statute, as written — Scope of incontestable clauses

A clause in any policy of life insurance providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.