Title 38 — Veterans’ Benefits
Part II · Chapter 19 — Insurance
§ 1947. Incontestability
Statutory text
Subject to the provisions of section 1954 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or converted shall be incontestable from the date of issuance, reinstatement, or conversion, except for fraud, nonpayment of premiums, or on the ground that the applicant was not a member of the military or naval forces of the United States. The insured under such contract or policy may, without prejudicing the insured’s rights, elect to make claim to the Department or to bring suit under section 1984 of this title on any prior contract or policy, and if found entitled thereto, shall, upon surrender of any subsequent contract or policy, be entitled to payments under the prior contract or policy. In any case in which a contract or policy of insurance is canceled or voided after , 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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1947
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 747
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 747Pub. L. 99–576 title VII § 701(30) · 100 Stat. 3248
Substituted · 38 U.S.C. § 1947
Pub. L. 99–576 substituted “the insured’s” for “his”
Source evidence
Code amendment note
Pub. L. 99–576 substituted “the insured’s” for “his”.Enacted provision · exact public law section
(30) Sections 743, 744(b), 745, 746, 747, and 748 are amended by striking out “his” and inserting in lieu thereof “the insured’s”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1947
Pub. L. 102–83, § 5(a), renumbered section 747 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 747 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1947
Pub. L. 102–83, § 5(c)(1), substituted “1954” for “754”
Substituted · 38 U.S.C. § 1947
Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 5(c)(1), substituted “1954” for “754” and “1984” for “784”.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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1947
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall” in last sentence
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” in last sentence.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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 1947
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Pub. L. 102–83 § 4(a)(2)(A)(iii)(VI) · 105 Stat. 378
Substituted · 38 U.S.C. § 1947
Pub. L. 102–83, § 4(a)(2)(A)(iii)(VI), substituted “Secretary” for “Veterans’ Administration” before “to issue” in last sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(2)(A)(iii)(VI), substituted “Secretary” for “Veterans’ Administration” before “to issue” in last sentence.Enacted provision · exact public law section
(iii) In chapter 19— (I) subsection (a) and the first sentence of subsection (b) of section 707; (II) section 710; (III) section 718(a); (IV) subsections (a) and (b) (in two places) of section 722“ (V) section 746; (VII) section 784(a) (in each of the four places “Veterans’ Administration” appears); and (VIII) section 784(b) (in the sixth sentence).
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1986–1991 · 2 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 747 of this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted “1954” for “754” and “1984” for “784”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall” in last sentence.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Pub. L. 102–83, § 4(a)(2)(A)(iii)(VI), substituted “Secretary” for “Veterans’ Administration” before “to issue” in last sentence.
1986
Pub. L. 99–576 substituted “the insured’s” for “his”.
Credits
1958–1991 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1159, § 747
- 1986Pub. L. 99–576, title VII, § 701(30), , 100 Stat. 3293
- 1991renumbered § 1947 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(VI), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1159, § 747; Pub. L. 99–576, title VII, § 701(30), , 100 Stat. 3293; renumbered § 1947 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(VI), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406.)