Washington High Court Issues Final Ruling On Insurer’s Incontestability Challenge

(July 7, 2023, 5:05 PM EDT) -- OLYMPIA, Wash. — The Washington Supreme Court denied a beneficiary’s motion for reconsideration and issued its final opinion in a group life insurer’s suit seeking a declaratory judgment that policies were void for fraud, incapacity or absence of an insurable interest despite the policies’ incontestability clause, finding that while incontestability does not bar claims for fraud or lack of an insurable interest, the incontestability clause bars claims for lack of capacity that makes a contract “voidable rather than void.”...