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APPENDIX 4 Clauses 9, 10 and 11 of draft legislation on warranties and other terms as set out in Law Commission Report Law Com No 353, July 2014

Law of Insurance Warranties, The


Page 249

APPENDIX 4

Clauses 9, 10 and 11 of draft legislation on warranties and other terms as set out in Law Commission Report Law Com No 353, July 2014

Clauses 9, 10 and 11 of draft legislation on warranties and other terms as set out in Law Commission Report Law Com No 353, July 2014

1

Warranties and representations

  • s9 (1)This section applies to representations made by the insured in connection with
    • (a) a proposed non-consumer insurance contract, or
    • (b) a proposed variation to a non-consumer insurance contract.
  • (2) Such a representation is not capable of being converted into a warranty by means of any provision of the non-consumer insurance contract (or of the terms of the variation), or of any other contract (and whether by declaring the representation to form the basis of the contract or otherwise).

Breach of warranty

Terms relevant to particular descriptions of loss

  • S11 (1)This section applies to any term (express or implied) of a contract of insurance compliance with which would tend to reduce the risk of one or more of the following
    • (a) loss of a particular kind,
    • (b) loss at a particular location,
    • (c) loss at a particular time.
  • (2) Breach of such a term may not be relied upon by the insurer to exclude, limit or discharge its liability for, respectively
    • (a) loss of a different kind,
    • (b) loss at a different location,
    • (c) loss at a different time.

This section may apply in addition to section 10.

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