The key issue is whether a life insurance policy, after it has been reinstated, automatically becomes incontestable after two years, or whether the insured must survive two years after the reinstatement.
The Texas Insurance Code provides, in relevant part, that "[i]f a reinstatement is contested for misrepresentation, no representation other than one causing the reinstatement may be used to contest the policy, any contest of the reinstatement may be for a material and fraudulent misrepresentation only and reinstatement may not be contested more than two years after it is effectuated.
The statute does not expressly address how incontestability periods operate following a policy reinstatement.
She hoped she would live the two years past the reinstatement after which United would have no defense to fraud.
RenRe says its predicted tally includes est8imates of claims, claims expenses, reinstatement
premiums assumed and ceded, lost-profit commissions, redeemable non-controlling interest, and other income.
And though it is not impossible to successfully challenge a claim for temporary reinstatement, it is rarely done as the standard weighs in such favor to the miner.
In at least one recent case, even though MSHA had already made a finding of no discrimination on a miner's overall complaint and decided to not represent the miner in the discrimination action, the Secretary of Labor continued to represent the miner in the temporary reinstatement hearing.
And of course, if a miner obtains temporary reinstatement even if MSHA makes a finding of no discrimination, the miner has every incentive to move forward with the case but no reason to hurry, regardless of merit, due to the windfall he/she is experiencing as a result of the temporary reinstatement.
The temporary reinstatement process is obviously very costly to operators--between litigating the matter in court and actually paying a miner to sit home until a claim is fully litigated.
There is a Government a scheme in which motorists can claim for damage to their cars caused by potholes and reinstatements