ABSTRACT
In the Overseas case, the assured shipped two consignments of tinned pork from France to London, under an all risk policy of insurance underwritten by the insurers. The policy contained a warranty that required that all the tins should be marked by the manufacturers verifying the date of manufacture. When the tins were delivered, many of them were found to be rusty or broken and much of the pork was either condemned or sold off cheaply. The assured claimed on the policy, but the insurer rejected the claim on the basis that, as many of the tins did not have the date of manufacture upon them, the warranty was breached. The court ruled that lack of such marks on many of the tins amounted to breach of warranty and, thus, the underwriters were not liable. However, the judgment of McNair J leaves no doubt the court considered it as a possibility that the de minimis non carat lex rule could assist the assured in some instances. Towards the end of his judgment, McNair J stated: 15
Being satisfied that, as regards both policies, a substantial number of tins – well exceeding any tolerance that could be disregarded under the de minimis
of manufacture to be established, I have no option to hold that the breach of the express warranty affords the underwriters a complete defence in this action.
