PassSprint
State RegulationsCA specificVerified · outline & fact-checked · Sep 2026Difficulty 2/5

Under California law, a warranty is a statement that becomes part of the insurance contract. When a warranty that is material to the risk is breached, the insurer may, under Insurance Code Section 447:

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 a breach of warranty is a defense to the insurer's liability if the warranty was material to the risk or contributed to the loss. Because a warranty is part of the contract, the insurer may rescind or avoid the policy when a material warranty is broken. This contrasts with a representation, which must be both false and material to support rescission.

Why the other options are wrong

  • B) The statute gives the insurer a defense to liability; it does not provide a premium adjustment remedy.
  • C) Fraud need not be proven; breach of a material warranty is itself a defense under Section 447.
  • D) Extending coverage is the opposite of the statute's effect; a material breach defeats, not extends, liability.

Memory hook

Warranty = part of the contract; break a material one and the policy can be voided. Fraud is not required.

Related Practice Questions