A warranty that is explicitly written into the policy or appears on the application is known as a(n):

Why A is correct

Under California Insurance Code Section 440, a warranty is either express or implied. An express warranty is one that is explicitly stated — written into the policy or set out on the application — making the statement a condition of the contract. An implied warranty is one inferred from circumstances or conduct rather than stated in words. Because express warranties are written into the contract, a false express warranty can be a basis for rescission if it is material. The distinction matters in practice: an express warranty must be honored literally as written, while an implied warranty depends on what the circumstances reasonably suggest the parties intended.

Why the other options are wrong

• B) An implied warranty is inferred from conduct or circumstances rather than explicitly written; because the question describes a warranty written into the policy, it is not an implied warranty.
• C) Aleatory describes a contract whose performance depends on an uncertain event, with unequal values exchanged; it is a characteristic of insurance contracts, not a type of warranty. Aleatory is a classification of contracts, not a category of warranties, so it cannot describe the type of warranty at issue here.
• D) A representation is a statement of fact that induces the insurer to accept the risk; unlike a warranty, it is not necessarily made a stated condition of the policy and is judged by materiality.

Memory hook

Express = spelled out in the contract. Implied = read between the lines.

Why A is correct

A warranty is an undertaking that a state of affairs exists or will continue. An express warranty is explicitly stated in or made part of the contract — for example, a written representation of age made a warranty. An implied warranty is one the law infers from the nature or purpose of the transaction even though it is not written out. Under California law, breach of a material warranty, express or implied, gives the insurer the right to rescind (Section 447).

Why the other options are wrong

• B) Both warranties arise within a written contract; express does not mean oral and implied does not mean written.
• C) This reverses the definitions: express warranties are stated, implied warranties are inferred rather than written.
• D) Implied warranties can be breached too, and a material breach of either type may void the contract.

Memory hook

Express = spelled out. Implied = read between the lines. Either way, a material breach can unravel the policy.