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CHAPTER 4 Implied warranties and the case for a separate regime for marine insurance

Law of Insurance Warranties, The


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CHAPTER 4

Implied warranties and the case for a separate regime for marine insurance

Implied warranties

4.1 The Marine Insurance Act 1906 provides for implied warranties in relation to seaworthiness and legality. Perhaps surprisingly, the Insurance Act 2015 did not abolish implied warranties: sections 10 and 11 of the Insurance Act 2015 confirm that the provisions of the Act applying to breaches of warranty (and in the case of s11 other provisions) apply to implied, as well as express, warranties.1 Accordingly under s10 of the Act, breaches of implied warranties also result in suspension of liability, rather than a full discharge from liability for the insurer. Because implied warranties have not been abolished by the Insurance Act, it is necessary to address them in some detail.

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