Express and implied terms in marine insurance

Sections 10 and 11 of the Insurance Act 2015 apply to all warranties, and terms that do not define the risk as a whole, respectively. It is clear that this includes the implied terms in the Marine Insurance Act 1906, and that both sections will apply to warranties that do not define the risk as a whole. What is less clear, and arguably was not considered during the drafting of the Insurance Act 2015, is precisely how they will apply.

The implied warranties in the Marine Insurance Act (MIA) 1906 include the warranty of neutrality in section 36, the warranty of good safety in section 38, the seaworthiness warranty in section 39 (along with a portworthiness warranty) and the warranty of legality in section 41.