ABSTRACT

Breach of warranty defence is one of the leading defences afforded to the insurer and its legal regime has been evaluated from various angles in the previous part of this book. The primary object of the second part is to define the place of the breach of warranty defence amongst the other defences afforded to the insurer. It is believed that such an analysis will bring a new dimension to the current discussion. To this end, other leading defences which are available to the insurer, in case of breach of the insurance contract, need to be classified and examined. Carrying out such a detailed research in relation to leading defences of the insurer is the main object of this chapter. During such an analysis, the provisions of the Marine Insurance Act (MIA) 1906, the case law and some standard Institute Clauses will be taken into account and different aspects of these concepts will be illustrated.