Statutory conditions – exclusion, stipulation, condition or warranty
130Where a contract,
(a)
excludes any loss that would otherwise fall within the coverage prescribed by section 123, or
(b)
contains any stipulation, condition or warranty that is or may be material to the risk including, but not restricted to, a provision in respect to the use, condition, location or maintenance of the insured property,
the exclusion, stipulation, condition or warranty is not binding upon the insured, if it is held to be unjust or unreasonable by the court before which a question relating thereto is tried.