• Specific Year
    Any

MARINE INSURANCE ACT 1909 - SECT 40 When breach of warranty excused

MARINE INSURANCE ACT 1909 - SECT 40

When breach of warranty excused

  (1)   Non - compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law.

  (2)   Where a warranty is broken, the assured cannot avail himself or herself of the defence that the breach has been remedied, and the warranty complied with, before loss.

  (3)   A breach of warranty may be waived by the insurer.