ABSTRACT
Warranties involve a promise by the assured that the warranty will be fulfilled. These ‘‘promissory warranties’’ are to be distinguished from the traditional use of the words ‘‘warranted’’ in marine insurance which introduce an exclusion or limitation on the scope of cover. Thus the words ‘‘warranted free of capture seizure arrest restraint or detainment’’ constitute an agreement that such war-related risks are excluded from the cover and do not act as warranties within the terms set out in sections 33 to 41 of the Marine Insurance Act 1906.1 Similarly, in the former FPA (Free of Particular Average) Clauses the phrase ‘‘warranted free of particular average’’ was used to exclude claims for partial loss in traditional language which, once again, does not constitute a warranty but rather an exclusion or limitation on cover with different consequences.2
