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The terms void and voidable are often incorrectly used interchangeably. In one case, a valid contract may be terminated; in the other, it may never be in force.
A void contract is simply an agreement without legal effect. It's not a contract at all because it lacks one of the elements specified by law for a valid contract. Neither party can enforce the terms of a void contract. For example, a contract with an illegal purpose is void, and neither party to the contract can enforce it. An insurer may void an insurance policy if a misrepresentation on the application is proven to be material.
A voidable contract is an agreement that may be set aside by one party to the contract for reasons that are satisfactory to the court. It's binding unless the party with the right to reject it chooses to do so. Consider the following two cases that distinguish between "void" and "voidable" contracts:
| Characteristic | Void Contract | Voidable Contract |
|---|---|---|
| Legal status | Never legally existed | Valid but can be terminated |
| Cause | Lacks elements for a valid contract | Reasons satisfactory to the court |
| Can be fixed? | No | Yes, if the party with the right to reject it chooses not to |
| Common examples | Contract with minor, illegal purpose, incompetent party | Unpaid premiums, material misrepresentation, policy violations |
The voluntary act of terminating an insurance contract is referred to as cancellation. The policy owner may voluntarily cancel an insurance contract for any reason at any time. A policy will lapse if the premiums are not paid before the end of the grace period. As with other financial commitments, insurance policies have a due date on which the required premium is paid, but also a grace period (after the due date) during which the payment may be made without penalty.
Fraud involves deliberate or intentional deceit with the objective of making false statements to be compensated by an insurance contract (e.g., filing a false claim). Contracts may be rescinded if any party engages in fraudulent conduct. Under most types of contracts (other than life and health insurance), fraud is grounds for voiding a contract. In insurance contracts, an insurer may have only a limited time to challenge the validity of a contract.
In most states, insurers cannot void a life insurance contract after it has been in force for two years. Guaranteed renewable health insurance policies typically allow two or three years, depending on state law. After this period of two or three years, life and health insurers cannot contest the policy or deny benefits based on application errors resulting in material misrepresentations or concealment. The ability of insurers to void other health insurance policies due to fraud is not necessarily limited.