ABSTRACT
Building on the experience, lessons learnt and critical analysis of reform initiatives in Australia, New Zealand and the UK, this chapter outlines proposals for an alternate approach to the treatment of breaches of warranties and other provisions in commercial insurance policies. It is argued that these proposals address the majority of failings and shortcomings identified in earlier reforms, represent a significant enhancement on those reforms and would deliver an equitable balance between the interests of the insured and insurer. The robustness of the proposals is then demonstrated by stress testing them against the facts of a number of well-known historic cases.
