SECTIONS 440-449 - California Statutes

INSURANCE CODE

SECTION 440-449

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 referred to in the policy, as
making a part of it.

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 omission will take place.

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 place of the contract, or
impossible, the omission to fulfill the warranty does not avoid the
policy.

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 policy from attaching to the risk.