Under modern rules in all states,the insured's breach of warranty automatically relieves the insurer of the duty to perform,regardless of whether the breached warranty was actually material to the insurer's risk.

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This was the traditional rule.In present times,some states have refused to allow insurers to escape liability on breach of warranty grounds unless the condition contemplated by the breached warranty was indeed material.

Under Modern Rules in All States,the Insured's Breach of Warranty