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One rule, 2 ways the exam asks it. Same knowledge point, different phrasing — work through all of them, because the exam rarely reuses the wording.

State RegulationsCA specific✓ Verified · outline & fact-checked · Sep 2026Difficulty 2/5

Under California law, if an insured breaches a warranty that is material to the risk, the legal consequence is that the insurer:

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Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

A warranty is a promise that a fact or state of affairs is true, and under California law (CIC Sections 440-449, especially Section 447) the breach of a warranty that is material to the risk entitles the insurer to rescind the contract — that is, treat it as void. Warranties may be express or implied, and unlike representations, a warranty breach does not require intent; strict compliance may be required.

Why the other options are wrong

  • B) Rescission, not a premium refund with continuation, is the remedy; the contract is avoided and unearned premium is generally returned as part of the rescission accounting.
  • C) Paying the claim and cancelling prospectively is not the law; a material warranty breach avoids the contract entirely.
  • D) Rescission, not a damages action, is the insurer's remedy for breach of warranty under Section 447.

Memory hook

Warranty = a promise that must hold. Break it — even innocently — and the insurer can void the whole deal.

State RegulationsCA specific✓ Verified · outline & fact-checked · Sep 2026Difficulty 2/5

Under California Insurance Code Section 447, the violation of a material warranty or other material provision of a policy entitles the other party to:

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

Section 447 provides that the violation of a material warranty or other material provision of a policy, by either party, entitles the other to rescind. Rescission voids the contract as though it never existed. Because warranties are statements of fact or promises that must be literally true, a material breach gives the injured party the right to cancel the agreement entirely.

Why the other options are wrong

  • B) Section 447 creates no remedy of doubled benefits; that is not a rescission remedy.
  • C) Extending the policy period is not a statutory remedy for a warranty breach.
  • D) Penalties are not provided by Section 447; the remedy is rescission of the contract.

Memory hook

Break a material warranty and the contract can be unwound like it never existed.

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