Section 36

When breach of warranty excused.

The Marine Insurance Act, 1963

  • Act 11 of 1963
  • Ministry of Finance
  • Department of Financial Services
About this Act

An Act to codify the law relating to marine insurance.

All sections
    (1) 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.
     (2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with before loss.
     (3) A breach of warranty may be waived by the insurer.
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