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 knew she was suffering from Crohn's disease --that eventually killed her--at the time she submitted her application for reinstatement. She knew, or should have known, the policy would not have been reinstated had she told the truth.
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.
A hearing on an application for temporary reinstatement is limited to a determination as to whether the miner's complaint was frivolously brought.
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.
For the agency to make a finding of no discrimination and then provide free legal counsel to a miner in order to obtain temporary reinstatement, flies in the face of logic.