Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 39

Nature of warranty

             (1)  A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some conditions shall be fulfilled, or whereby he or she affirms or negatives the existence of a particular state of facts.

             (2)  A warranty may be express or implied.

             (3)  A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him or her before that date.



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