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Title 38 — Veterans' BenefitsRelease 119-73not60

§1910 Incontestability

Title 38 › Part II— GENERAL BENEFITS › Chapter 19— INSURANCE › Subchapter I— NATIONAL SERVICE LIFE INSURANCE › § 1910

Last updated Apr 5, 2026|Official source

Summary

Policies can't be challenged from the date they are issued, reinstated, or converted, except if there was fraud, premiums weren't paid, or the applicant wasn't in the military. If a policy is voided for fraud after March 16, 1954, the Secretary must refund, without interest, premiums paid after 2 years from when the fraud caused the issue, reinstatement, or conversion. Refunds go to the living insured; otherwise to the beneficiary or estate, less dividends, loans, or other payments.

Full Legal Text

Title 38, §1910

Veterans' Benefits — Source: USLM XML via OLRC

Subject to the provisions of section 1911 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or converted shall be incontestable from the date of issue, reinstatement, or conversion except for fraud, nonpayment of premium, or on the ground that the applicant was not a member of the military or naval forces of the United States. However, in any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Secretary shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Secretary to issue, reinstate, or convert such insurance less any dividends, loan, or other payment made to the insured under such contract or policy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 710 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted “1911” for “711”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall”. Pub. L. 102–83, § 4(a)(2)(A)(iii)(II), substituted “Secretary” for “Veterans’ Administration” before “to issue”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1910

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60