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[W009]
warranty A statement by the insured about the literal truth on which the
insurance contract depends. Warranties may relate to matters existing
at or before the issuance of the policy (affirmative warranties)
or may be undertakings by the insured that something be done or
omitted after the policy takes effect and during its continuance
(promissory warranties). Many states have restricted by statute
the common law rule that "any breach of warranty avoids an
insurance policy" for example, under the New York law, a
breach of warranty to avoid the policy must have "materially
increased the risk of loss, damage or injury within the coverage
of the contract."
(See condition.)
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