Page:United States Statutes at Large Volume 76A.djvu/305

–209– -209§ 3424. Express warranties to be in policy Every express warranty, made at or before the execution of a policy, must 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. § 3425. Past, present, and future warranties A warranty may relate to the past, the present, the future, or to any or all of these. § 3426. Statement of intent 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 the act or omission will take place. § 3427. Excusable omission to fulfill future warranty 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. § 3428. Violation of material warranty 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. § 3429. Violation of immaterial warranty 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. § 3430. Breach without fraud 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. Subchapter VII—The Premium § 3451. Conditions of return of premium If a policy is cancelled or rescinded, the person insured, unless the insurance contract otherwise provides, is entitled: (1) to a return of the whole premium, if no part of his interest in the thing insured is exposed to any of the perils insured against; or (2) if the insurance is made for a definite period of time, and the insured surrendei"s his policy, to a return of such proportion of the premium as corresponds with the unexpired time, after deducting from the whole premium any claim for loss or damage under the policy which has previously accrued. Section 3452 of this title applies only to the expired time. § 3452. Earned premium Except as provided by section 3451 of this title, or by the insurance contract, if a peril insured against has existed, and the insurer has been liable for any period, however short, the insured is not entitled to return of premiums as far as that particular risk is concerned. § 3453. Right to return A person insured is entitled to a return of the premium when: (1) the contract is voidable on account of: (A) the fraud or misrepresentation of the insurer; or (B) facts, of the existence of which the insured was ignorant without his fault; or

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