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section] 1065 (2012) (setting forth the requirements for incontestability of a trademark owner's right to use a mark).
The conclusion that the statute's "lifetime of the insured" provision applies to a reinstated policy when the policy does not expressly so provide is analogous to policies that fail to include an incontestability clause at all.
For example, Suman Naresh considers the possibility that incontestability might be justified by a societal interest in settling claims (one of the rationales identified earlier to support adverse possession), (271) but concludes that the public cannot consent to the acquisition of an incontestable mark through its collective inaction because there is no well-placed public actor to oppose the march to incontestability.
Article 16 of the 2009 Amendment governs an insured's duty of disclosure and introduced several significant changes to the old law: (1) the scope of the duty, (2) elements of breach of the duty, (3) the incontestability provision, and (4) the return of premium after the rescission of contract.
112) The breadth of incontestability clause requirements depends on the
Now is a good opportunity to visit with your client and review current coverage--but be careful when doing so, since they may lose their incontestability protection and be faced with new health issues that may have exclusions.
and which] refer with perfect certainty and incontestability to the reality of action as it appears in life and history' (von Mises, 1949: 39).
Further, since Ike is 78, because of the two-year incontestability provision, he would be 80 or more at the time of any potential sale.
Depending on the incontestability period, see infra notes 114-16 and accompanying text, the elderly person may have to hold the policy for more than two years.
Moreover, since Rayside does not devote much attention to methodological questions, the real significance of his book should be sought not in the rigorousness or incontestability of its explanations so much as in the important contribution it makes to deepening and expanding our understanding of the public recognition of sexual diversity.