State RegulationsCA specific✓ Verified · outline & fact-checked · Sep 2026Difficulty 2/5
Which statement correctly distinguishes an express warranty from an implied warranty in an insurance contract?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
A warranty is an undertaking that a state of affairs exists or will continue. An express warranty is explicitly stated in or made part of the contract — for example, a written representation of age made a warranty. An implied warranty is one the law infers from the nature or purpose of the transaction even though it is not written out. Under California law, breach of a material warranty, express or implied, gives the insurer the right to rescind (Section 447).
Why the other options are wrong
- B) Both warranties arise within a written contract; express does not mean oral and implied does not mean written.
- C) This reverses the definitions: express warranties are stated, implied warranties are inferred rather than written.
- D) Implied warranties can be breached too, and a material breach of either type may void the contract.
Memory hook
Express = spelled out. Implied = read between the lines. Either way, a material breach can unravel the policy.