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Modern Law of Marine Insurance Volume Five, The

CHAPTER 7


Page 146

Implied marine warranties and the Insurance Act 2015

Robert Merkin

7.1 Sections 9, 10 and 11 of the Insurance Act 2015, following the lead of section 54 of the Australian Insurance Contracts Act 1984 and section 11 of the New Zealand Insurance Law Reform Act 1977, abolished the key principles underlying warranties as preserved in the Marine Insurance Act 1906, sections 33 to 35. However, the 2015 Act has left intact the provisions relating to specific warranties in sections 36 to 41. This chapter discusses whether those sections, despite their retention, remain of any practical importance or whether they should have been included in the cull of the old law.

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