Affirmative Warranty

In insurance law. A warranty as to existing facts, as distinguished from promissory warranties relating to future conduct.

In the law of insurance, warranties may be either affirmative or promissory. Affirmative warranties may be either express or implied, but they usually consist of positive representations in the policy of the existence of some fact or state of things at the time, or previous to the time, of the making of the policy; and they are, in general, conditions precedent, which, if untrue, whether material to the risk or not, the policy does not attach, as it is not the contract of the insurer. Maupin v. Insurance Co., 53 W. Va. 557, 45 S. E. 1003; Hendricks v. Insurance Co.., 8 Johns. (N. Y.) 1; Cowan v. Insurance Co., 78 Cal. 181, 20 Pac. 408.
—-Collateral warranty, in old conveyancing, was where the heir's title to the land neither was nor could have been derived from the warranting ancestor. Thus where a younger brother released to his father's disseisor, with warranty, this was collateral to the elder brother. The whole doctrine of collateral warranty seems repugnant to plain and unsophisticated reason and justice; and even its technical grounds are so obscure that the ablest legal writers are not agreed upon the subject. Wharton. Micheau v. Crawford, 8 N. J. Law, 106

Defined under Warranty in Black's Law Dictionary.

In the law of insurance, warranties may be either affirmative or promissory. Aflirmative warranties may be either express or implied, but they usually consist of positive representations in the policy of the existence of some fact or state of things at the time, or previous to the time, of the making of the policy; and they are, in general, conditions precedent, which, if untrue, whether mate rial to the risk or not, the policy does not attach, as it is not the contract of the insurer. 4 Chiff. 281..