ABSTRACT
This chapter analyses the creation of warranties and consequences of their breach. In marine insurance warranties may be express or implied. There is no implied warranty in non-marine insurance. In The Resolute the assured insured his motor fishing trawler on the terms Warranted Owner and Owner's experienced skipper on board and in charge at all times and one experienced crew member. The judge emphasised that The Salvage Association's 'approval certificate' is a formal document that certifies compliance with the warranty imposed by underwriters. Accordingly, 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. In July 2014 the Law Commissions presented a draft Bill to Government proposing reform of several areas in insurance law including warranties.
