ABSTRACT
Most marine insurance legislation applies to war risks policies as it does to other marine policies and, as such, is described throughout this work in the relevant places. This chapter deals with three distinct matters, namely the nature of the legislation and its effect on common law principles; the duty of fair presentation of the risk; and the control of risk management clauses, including insurance warranties. The English courts have not yet had to contend with policies made under the 2015 Insurance Act although cases have been decided under the corresponding changes to aspects of consumer insurance law under the Consumer Insurance (Disclosure & Representations) Act 2012, which came into force on 6 April 2013. Important examples of the “real doubt” criterion are found in the House of Lords’ consideration of section 18(2) in Pan Atlantic.
