Page:United States Statutes at Large Volume 47 Part 1.djvu/1309

 72d C ONGRESS. SESS. II. CH. 128. FE BRUAR Y 27, 1933 . SEC. 1208 . Fo R M .-No pa rticula r form of words is necessary to Form. create a warranty. SEC. 1209 . EXPRESS WARRANTIES TO BE IN POLICY .-EVery express tob II 11 war ra nti es warranty, made at or before the execution of a policy, must be con- tained in the policy itself, or in another instrument signed by the insured and referred to in the policy, as making a par t of it. Cross REF SaEnoE Representations, see sections 1180 et seq. Ante, p. 1282. SEC. 1210 . PAST, PRESENT, AND FUTURE WARRANTIES .-A wa rra nty Tim e. may relate to the past, the present, the future, or to any or all of these. SEC. 1211. EXP RESS W ARRAN TY, WH AT CO NSTI'r u'rES .-A statement in what constitutes es- a policy, of a matter relating to the person or thing insured, or to the press warranty . risk, as a fact, is an express warranty thereof. SEC. 1212. WA RRAN TY AS TO THE FUTURE.-A statement in a policy, warranty as to fu- which imports that it is intended to do or not to do a thing which materially affects the risk, is a warranty that such act or omission shall take place. SEC. 1213 . P ERF ORM ANCE EXCUSED .-When before the time ar rives Ferfor manceeacused. for the performance of a warranty relating to the future, a lo ss insured against happens, or performance becomes unlawful at the place of the contract, or impossible, the omission to fulfill the war- ranty does not avoid the policy. Cross REF ERENCE Rescinding contract of insurance, see section 1192. SEC. 1214 . WHAT ACTS AVOID THE P OLICY .- The vi olat ion of a Wha t materi al war ranty, or o ther materi al pr ovisio n of a policy, on the part of either party thereto, entitles the other to rescind. CrossRsrsnrcof Test of the materiality of a representation, see section 1190. Ante, p .1283. SEC. 1215 . POLICY MAY PR OVID E FOR AVOIDANCE.-A policy may fo Policy iance. . provide declare that a violation of specified provisions thereof shall avoid it ; otherwi se the breach of an immater ial pr ovision does not avoid the policy. SEC. 1216 . BREACH WITHOUT FRAUD .-A breach of warranty, with- ud ach without out fraud, merely exonerates an insurer from the time that it occurs, or where it is broken in its inception prevents the policy from attaching to the risk. C ross REFER ENCE Breach of warranty without fraud, return of premium, see section 1220. PRE MI UM SEC. 1217. WHEN PREMIUM IS EARNED 1. Cross REFERENCE Receipt in policy, how far conclusive of payment, see section 1205. SEC. 1218. RETURN OF PREMIUM .-A person insured is entitled to a return of premium, as follows Where the insurance is made for a definite period of time, and the insured surrenders his policy, to such proportion of the premi um above t he cust omary short r ate pre mium a s corre sponds with t he 'So in origin al. Ante, p.1283. Post, p. 1286. Premium. When earned. Ante, p. 1284. Return of pre mium. 1285 acts avoid