ARTICLE 4. Warranties [440. - 449.]

Article 4 enacted by Stats. 1935, Ch. 145.

§§ 440–449 · 10 sections

• § 440 A warranty is either express or implied.
• § 441 A statement in a policy of a matter relating to the person or thing insured, or to the risk, as a fact, is an express warranty thereof.
• § 442 A particular form of words is not necessary to create a warranty.
• § 443 Every express warranty made at or before the execution of a policy shall be contained in the policy itself, or in another instrument signed by the insured and…
• § 444 A warranty may relate to the past, the present, the future, or to any or all of these.
• § 445 A statement in a policy, which imports that there is an intention to do or not to do a thing which materially affects the risk, is a warranty that such act or…
• § 446 When, before the time arrives for the performance of a warranty relating to the future, a loss insured against happens, or performance becomes unlawful at the…
• § 447 The violation of a material warranty or other material provision of a policy, on the part of either party thereto, entitles the other to rescind.
• § 448 Unless the policy declares that a violation of specified provisions thereof shall avoid it, the breach of an immaterial provision does not avoid the policy.
• § 449 A breach of warranty without fraud merely exonerates an insurer from the time that it occurs, or where the warranty is broken in its inception, prevents the…