§ 1910. Incontestability

Statutory text

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1910
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710
1991
Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1910
Pub. L. 102–83, § 5(a), renumbered section 710 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 710 of this title as this section.
Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1910
Pub. L. 102–83, § 5(c)(1), substituted “1911” for “711”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 5(c)(1), substituted “1911” for “711”.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1910
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall”.
Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.
1991
Pub. L. 102–83 § 4(a)(2)(A)(iii)(II) · 105 Stat. 378
Substituted · 38 U.S.C. § 1910
Pub. L. 102–83, § 4(a)(2)(A)(iii)(II), substituted “Secretary” for “Veterans’ Administration” before “to issue”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(2)(A)(iii)(II), substituted “Secretary” for “Veterans’ Administration” before “to issue”.
Enacted provision · exact public law section
(II) section 710;

4 of 5 references resolved to an enrolled provision · 1 partial

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”.

Credits

1958–1991 · 2 acts

1958Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710
1991renumbered § 1910 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(II), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.

Show as published

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710; renumbered § 1910 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(II), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)