44-358. Policies; misrepresentations; warranties; conditions; effect.

No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived the company to its injury. The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insurer to avoid liability, unless such breach shall exist at the time of the loss and contribute to the loss, anything in the policy or contract of insurance to the contrary notwithstanding.

Source:Laws 1913, c. 154, § 51, p. 419; R.S.1913, § 3187; Laws 1919, c. 190, tit. V, art. IV, § 22, p. 598; C.S.1922, § 7787; C.S.1929, § 44-322; R.S.1943, § 44-358.