Law of Insurance Warranties, The
Marine Insurance Act 1906 sections 33 and 35 (as amended by the Insurance Act 2015)
- (1) A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say, a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts.
- (2) A warranty may be express or implied.
- (3) A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not.
- (1) An express warranty may be in any form of words from which the intention to warrant is to be inferred.
- (2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy.
- (3) An express warranty does not exclude an implied warranty, unless it be inconsistent therewith.
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