ABSTRACT
Most of the conditions affecting cover in liability policies can be classified as being one of two kinds: procedural conditions or warranties. Warranties, like exclusions, limit the scope of the cover, the scope of the risk assumed by the insurer. The possibility that a procedural policy condition may be suspensive is well recognised. Policies commonly forbid the insured to admit 1iability to a third party or to settle any claim without the written consent of the insurer. Although warranties have sometimes been described as "conditions precedent to the insured's right to recover", the onus of proving breach of warranty is usually on the insurer. In the past courts spoke of waiver of a breach of warranty as if the rules were broadly the same as those governing waiver of rescission in respect of misrepresentation or non-disclosure. The relevant common law was modified by the Insurance Act 2015, which seeks to mitigate the consequences of breach of warranty.
