Amex Life Assurance Co. v. . Superior Court

Opinion

CHIN, J.

In 1991, the Amex Life Assurance Company (Amex) issued a life insurance policy to Jose Morales. The policy contained what is called an “incontestability” clause: “We will not contest coverage under the Certificate [of insurance] after it has been in force during the life of the Covered Person for two years from the Certificate Effective Date, if all premiums have been paid.”

As early as 1915, this court described this type of incontestability clause —now required by statute in all group and individual life insurance policies —as “ ‘in the nature of . . . statutes of limitations…