PART 3Warranties and other terms

10Breach of warranty

1

Any rule of law that breach of a warranty (express or implied) in a contract of insurance results in the discharge of the insurer's liability under the contract is abolished.

2

An insurer has no liability under a contract of insurance in respect of any loss occurring, or attributable to something happening, after a warranty (express or implied) in the contract has been breached but before the breach has been remedied.

3

But subsection (2) does not apply if—

a

because of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract,

b

compliance with the warranty is rendered unlawful by any subsequent law, or

c

the insurer waives the breach of warranty.

4

Subsection (2) does not affect the liability of the insurer in respect of losses occurring, or attributable to something happening—

a

before the breach of warranty, or

b

if the breach can be remedied, after it has been remedied.

5

For the purposes of this section, a breach of warranty is to be taken as remedied—

a

in a case falling within subsection (6), if the risk to which the warranty relates later becomes essentially the same as that originally contemplated by the parties,

b

in any other case, if the insured ceases to be in breach of the warranty.

6

A case falls within this subsection if—

a

the warranty in question requires that by an ascertainable time something is to be done (or not done), or a condition is to be fulfilled, or something is (or is not) to be the case, and

b

that requirement is not complied with.

7

In the Marine Insurance Act 1906—

a

in section 33 (nature of warranty), in subsection (3), the second sentence is omitted,

b

section 34 (when breach of warranty excused) is omitted.