Summary

Portrait of Hugo Black Hugo Black United States v. Patryas — Opinion of the Court

If this defense can be interposed, his policy has never actually protected him against total permanent disability. Since permanent total disability is one of the two risks insured against in the policy, any contest (not based on the exceptions) which may prevent the policyholder's recovery for such admitted total permanent disability-existing while the policy is in force-is a 'contest' forbidden by the 'incontestable' provision.
No legal obstacle prevents parties, if they so desire, from entering into contracts of insurance to protect against loss that may possibly have already occurred.
Source: Wikisource

Portrait of Hugo Black Hugo Black United States v. Patryas — Opinion of the Court

When a policy of disability insurance is issued after complete examination by the insurer and full and fair disclosure by both parties, there is no legal reason why the insurer cannot contract to afford full protection against loss resulting from past as well as prospective disability. This veteran's policy did not expressly limit liability to prospective total permanent disability.
Source: Wikisource

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