Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 40

When breach of warranty excused

             (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 or herself 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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