Warranties

This requires the insured to conform to a particular pattern of behaviour during the period of cover

1) warranties relating to future facts, known as promissory warranties

The insured affirms or negatives the existence of a particular set of facts at the time that the insurance contract is agreed

2) warranties relating to past or present facts

1906 act s33(3)

Breach discharges the insurer of any liability from the date of breach

Dawsons ltd v bonnin 1922

The breach need have nothing to do with the loss occuring

Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd 1996

The effect of a 'basis of contract clause' is to turn all the information given in the proposal form into a warranty relating to past and present facts. Once this has occurred every in accuracy given by the insured allows the insurer to avoid the contract, even if the information was not material to the insured's assessment of risk

Kennedy v Smith & Ansvar Insurance co ltd 1975

The nature of the warranty will be construed contra proferentum

1906 Act s33(3)

Warranties are fundamental terms of an insurance contract. Breach discharges the insurer of any liability from the date of breach.

Fundamental to the contract and that it requires strict compliance

What is required for a warranty is a form of words which makes clear that the relevant term is