Section 3106. Warranty defined; effect of breach

(a) In this section
  "warranty" means any provision of an insurance contract  which  has  the
  effect  of  requiring,  as a condition precedent of the taking effect of
  such contract or as a condition precedent  of  the  insurer's  liability
  thereunder,  the  existence  of  a  fact which tends to diminish, or the
  non-existence of a fact  which  tends  to  increase,  the  risk  of  the
  occurrence  of  any  loss,  damage, or injury within the coverage of the
  contract. The term "occurrence of loss, damage, or injury" includes  the
  occurrence  of  death,  disability,  injury,  or  any  other contingency
  insured against, and the term "risk" includes both  physical  and  moral
  hazards.
    (b)  A  breach  of  warranty  shall not avoid an insurance contract or
  defeat recovery thereunder unless such breach materially  increases  the
  risk  of  loss, damage or injury within the coverage of the contract. If
  the insurance contract specified two or more  distinct  kinds  of  loss,
  damage  or  injury  which  are within its coverage, a breach of warranty
  shall not avoid such contract or defeat recovery thereunder with respect
  to any kind or kinds of loss, damage or injury other than  the  kind  or
  kinds to which such warranty relates and the risk of which is materially
  increased by the breach of such warranty.
    (c)  This  section  shall not affect the express or implied warranties
  under a contract of marine insurance in respect to, appertaining  to  or
  in  connection  with any and all risks or perils of navigation, transit,
  or transportation, including war risks, on, over or under  any  seas  or
  inland  waters,  nor  shall  it  affect  any  provision  in an insurance
  contract requiring notice, proof or other conduct of the  insured  after
  the occurrence of loss, damage or injury.