ABSTRACT
This chapter considers the way in which the insurer may lose the right to avoid the insurance contract and/or to exercise the other rights and remedies available to the insurer. The insurer's ability to rely on the breach of warranty as a defence to an insurance claim is subject to section 11 of the 2015 Act, which provides that where there has been a breach of warranty or of any other type of contractual provision. Waiver for the purposes of a breach of the duty of good faith should include not just promissory estoppel but also waiver by election or affirmation, but that a breach of warranty necessitates promissory estoppel to be established and nothing else. The Insurance Act 2015 refers to a waiver of a breach of warranty at a time when waiver by estoppel is recognised and indeed the Law Commission appears to have it in mind when recommending the change to the law.
