Key Takeaways
- North Dakota requires a 10-day free look period for standard life insurance policies
- Life insurance policies must include a 2-year incontestability clause under North Dakota law
- Suicide exclusion in North Dakota is limited to 2 years from policy issue date
- The North Dakota Insurance Department regulates all insurance activities
- North Dakota requires insurers to cross-check policies against death records to locate beneficiaries
North Dakota Life Insurance Policy Requirements
North Dakota law imposes specific requirements on life insurance policies sold in the state under Title 26.1 of the North Dakota Century Code. These requirements protect consumers and ensure policy standardization.
Regulatory Authority
The North Dakota Insurance Department regulates all insurance activities in the state:
- Headed by the Insurance Commissioner
- Reviews and approves policy forms
- Licenses insurance producers
- Investigates consumer complaints
- Enforces insurance laws and regulations
Free Look Period
North Dakota provides a free look period for life insurance:
| Policy Type | Free Look Period |
|---|---|
| Standard Life Policy | 10 days |
| Annuity Contracts | 10 days |
| Replacement Policies | 10 days |
During the free look period, the policyholder can:
- Review the policy
- Return it for a full refund of premiums paid
- No questions asked, no penalty
Exam Tip: North Dakota follows the standard 10-day free look period for life insurance policies.
Incontestability Clause
North Dakota requires a 2-year incontestability clause in all life insurance policies:
- After 2 years from issue, the insurer cannot contest the policy based on misstatements
- Exceptions: Fraud, non-payment of premiums
- Protects beneficiaries from claim denials based on application errors
North Dakota-Specific Rules
- Incontestability period begins from the issue date
- If policy lapses and is reinstated, a new 2-year period begins
- Material fraud may still be contested in certain circumstances
Suicide Clause
North Dakota limits the suicide exclusion:
- Suicide exclusion cannot exceed 2 years from policy issue
- After 2 years, death by suicide is covered
- If policy is reinstated, new 2-year period may apply
- Benefits limited to return of premiums if death is within exclusion period
Beneficiary Protections
North Dakota has specific beneficiary protection laws:
Unclaimed Life Insurance Benefits
North Dakota requires insurers to:
- Cross-check policies against the Social Security Death Master File
- Make reasonable efforts to locate beneficiaries
- Initiate claims process when death is confirmed
- Cannot charge fees for locating beneficiaries
Unclaimed Property
If beneficiaries cannot be found:
- Death benefits are not forfeited
- Must be reported as unclaimed property to the state
- Beneficiaries can still claim from the state
Policy Delivery Requirements
North Dakota requires:
- Policy delivered within reasonable time of issue
- Delivery must include policy summary
- Receipt should be documented
- Electronic delivery permitted with consent
Grace Period
North Dakota life insurance policies must include:
| Feature | Requirement |
|---|---|
| Minimum Grace Period | 31 days for annual/semi-annual premiums |
| Monthly Premiums | Minimum grace period applies |
| Coverage During Grace | Policy remains in full force |
Reinstatement Rights
North Dakota policyholders have reinstatement rights:
- May reinstate within 3 years of lapse
- Must provide evidence of insurability
- Must pay back premiums with interest
- New contestability period may begin
Standard Policy Provisions
North Dakota requires these standard provisions in life insurance policies:
- Entire contract clause
- Misstatement of age adjustment
- Grace period
- Incontestability clause
- Suicide exclusion (2-year maximum)
- Reinstatement provisions
How long is the free look period for a standard life insurance policy in North Dakota?
After how many years does a life insurance policy become incontestable in North Dakota?
Which agency regulates life insurance in North Dakota?
What is the maximum suicide exclusion period allowed in North Dakota life insurance policies?
How long do North Dakota policyholders have to reinstate a lapsed life insurance policy?