Losing a loved one is devastating—especially when you are counting on life insurance benefits for financial security. Many Florida families are shocked to learn that an insurance company is “investigating” or delaying payment because the policyholder died during the contestability period.
If you are a beneficiary facing questions, delays, or a denial, understanding how the contestability period works under Florida law is critical.
What Is the Contestability Period in Florida Life Insurance?
In Florida, most life insurance policies include a two-year contestability period that begins on the policy’s issue date. During this time, the insurance company has the right to:
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Review the policyholder’s application
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Investigate medical records
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Examine prior diagnoses or treatments
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Look for alleged misrepresentations or omissions
Once the contestability period ends, the insurer generally cannot deny a claim based on application errors, except in rare cases like outright fraud.
Does Death During the Contestability Period Automatically Void the Policy?
No.
A death during the contestability period does not automatically cancel coverage or justify denial.
However, it often triggers a heightened investigation, sometimes referred to as a “contestable claim review.” Insurers frequently use this process to look for reasons to reduce or deny payment.
Common Reasons Insurers Deny Claims During the Contestability Period
Insurance companies often claim that the policyholder made a “material misrepresentation” on the application. Common allegations include:
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Failure to disclose prior medical conditions
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Incomplete answers about medications
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Not reporting prior hospitalizations
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Incorrect height, weight, or tobacco use
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Undiagnosed or asymptomatic conditions
Importantly, not every mistake is grounds for denial under Florida law.
Florida Law Protects Beneficiaries from Unfair Denials
Under Florida law, an insurer must prove that:
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The statement was false
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The misrepresentation was material
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The insurer would have changed the terms or declined coverage if the truth had been known
Minor errors, innocent mistakes, or information unrelated to the cause of death may not justify denial, even during the contestability period.
What If the Cause of Death Is Unrelated to the Alleged Misrepresentation?
This is one of the most disputed issues in Florida life insurance claims.
For example:
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A policyholder dies in a car accident
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The insurer claims a prior medical condition was not disclosed
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That condition had nothing to do with the death
In many cases, Florida courts have ruled that unrelated misstatements do not automatically void coverage, especially when the insurer cannot show real prejudice.
Can the Insurer Delay Payment While Investigating?
Yes—but delays must be reasonable.
Insurance companies often request:
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Medical authorizations
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Physician records
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Pharmacy histories
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Prior insurance applications
Excessive delays, repeated requests, or silence from the insurer may constitute bad faith under Florida law.
What Should Beneficiaries Do If a Claim Is Denied or Delayed?
If the insurer raises contestability issues, beneficiaries should:
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Avoid giving recorded statements without legal advice
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Carefully review the denial letter
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Preserve all correspondence and documents
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Request the full underwriting and claim file
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Consult a Florida life insurance claims attorney
Many contestability denials are successfully challenged through negotiation or litigation.
Can You Still Win a Life Insurance Claim During the Contestability Period?
Yes. Many beneficiaries recover full policy benefits when insurers:
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Overstate application errors
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Ignore Florida statutory protections
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Misapply the “material misrepresentation” standard
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Deny claims based on speculation rather than evidence
Insurance companies expect beneficiaries to walk away. Knowing your rights can change the outcome.
When to Speak with a Florida Life Insurance Claims Lawyer
You should consider legal help if:
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The insurer cites the contestability period as a reason for denial
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The claim has been delayed for months
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The insurer requests excessive medical records
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You receive a denial letter referencing “misrepresentation” or “rescission”
An experienced Florida life insurance attorney can evaluate whether the denial is lawful—and fight to recover the benefits your loved one intended for you.
Final Thought
The contestability period gives insurers the right to investigate—but not the right to unfairly deny valid claims. If your loved one died during this period, you may still be entitled to the full life insurance payout under Florida law.
Have you or someone you know been denied a life insurance claim? Contact Florida Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
