72d C ONGRESS . SESS. II. CH. 128. FE BRUAR Y 27, 1933 . SEC . 1208 . Fo R M .-No pa rticula r form of words is necessary to Form . create a warranty . SEC . 1209 . EXPRESS WARRANTIES TO BE IN POLICY .-EVery express tob II 11 war ra nti es warranty, made at or before the execution of a policy, must be con- tained in the policy itself, or in another instrument signed by the insured and referred to in the policy, as making a par t of it . Cross REF SaEnoE Representations, see sections 1180 et seq .
Ante, p. 1282 . SEC . 1210 . PAST, PRESENT, AND FUTURE WARRANTIES .-A wa rra nty Tim e . may relate to the past, the present, the future, or to any or all of these . SEC. 1211 . EXP RESS W ARRAN TY, WH AT CO NSTI'r u'rES .-A statement in what constitutes es- a policy, of a matter relating to the person or thing insured, or to the press warranty . risk, as a fact, is an express warranty thereof . SEC. 1212 . WA RRAN TY AS TO THE FUTURE.-A statement in a policy, warranty as to fu- which imports that it is intended to do or not to do a thing which materially affects the risk, is a warranty that such act or omission shall take place . SEC . 1213 . P ERF ORM ANCE EXCUSED .-When before the time ar rives Ferfor manceeacused . for the performance of a warranty relating to the future, a lo ss insured against happens, or performance becomes unlawful at the place of the contract, or impossible, the omission to fulfill the war- ranty does not avoid the policy. Cross REF ERENCE Rescinding contract of insurance, see section 1192 . SEC . 1214 . WHAT ACTS AVOID THE P OLICY .- The vi olat ion of a Wha t materi al war ranty , or o ther materi al pr ovisio n of a policy, on the part of either party thereto, entitles the other to rescind . CrossRsrsnrcof Test of the materiality of a representation, see section 1190.
Ante, p .1283 . SEC . 1215 . POLICY MAY PR OVID E FOR AVOIDANCE.-A policy may fo Policy iance . . provide declare that a violation of specified provisions thereof shall avoid it ; otherwi se the breach of an immater ial pr ovision does not avoid the policy . SEC . 1216 . BREACH WITHOUT FRAUD .-A breach of warranty, with- ud ach without out fraud, merely exonerates an insurer from the time that it occurs, or where it is broken in its inception prevents the policy from attaching to the risk. C ross REFER ENCE Breach of warranty without fraud, return of premium, see section 1220 . PRE MI UM SEC. 1217. WHEN PREMIUM IS EARNED 1. Cross REFERENCE Receipt in policy, how far conclusive of payment, see section 1205 . SEC. 1218. RETURN OF PREMIUM .-A person insured is entitled to a return of premium, as follows Where the insurance is made for a definite period of time, and the insured surrenders his policy, to such proportion of the premi um above t he cust omary short r ate pre mium a s corre sponds with t he 'So in origin al . Ante, p.1283. Post, p . 1286. Premium . When earned . Ante, p . 1284. Return of pre mium . 1285 acts avoid
