§ 3106. Warranty defined; effect of breach. (a) In this section\n"warranty" means any provision of an insurance contract which has the\neffect of requiring, as a condition precedent of the taking effect of\nsuch contract or as a condition precedent of the insurer's liability\nthereunder, the existence of a fact which tends to diminish, or the\nnon-existence of a fact which tends to increase, the risk of the\noccurrence of any loss, damage, or injury within the coverage of the\ncontract. The term "occurrence of loss, damage, or injury" includes the\noccurrence of death, disability, injury, or any other contingency\ninsured against, and the term "risk" includes both physical and moral\nhazards.\n (b) A breach of warranty shall not avoid an insurance contract or\ndefeat recovery thereunder unless such breach materially increases the\nrisk of loss, damage or injury within the coverage of the contract. If\nthe insurance contract specified two or more distinct kinds of loss,\ndamage or injury which are within its coverage, a breach of warranty\nshall not avoid such contract or defeat recovery thereunder with respect\nto any kind or kinds of loss, damage or injury other than the kind or\nkinds to which such warranty relates and the risk of which is materially\nincreased by the breach of such warranty.\n (c) This section shall not affect the express or implied warranties\nunder a contract of marine insurance in respect to, appertaining to or\nin connection with any and all risks or perils of navigation, transit,\nor transportation, including war risks, on, over or under any seas or\ninland waters, nor shall it affect any provision in an insurance\ncontract requiring notice, proof or other conduct of the insured after\nthe occurrence of loss, damage or injury.\n
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