Crewing warranties and the Insurance Act 2015

Dr Livashnee Naidoo, of the University of Glasgow, warns wordings need to be crystal clear when it comes to crew warranties

Insurance contract law has undergone an extensive period of reform, with insurance warranties being one of the target areas. The Insurance Act 2015, which entered into force in mid-2016, amended various aspects of the Marine Insurance Act 1906. The 2015 Act is concerned with both commercial and consumer insurance, including marine insurance, and in relation to commercial insurance the 2015 Act operates as a default regime thereby allowing parties to “opt out” of provisions of the Act provided certain requirements have been met. The 2015 Act raises many important, and as yet unanswered, questions which renders current litigation uncertain.