Implied Warranties

law, insurance

Representations that may not be written into a contract, but are considered so basic to the relationship that the law gives them much the same effect as if they were written.

The top three are:

  1. That the insured will exercise utmost good faith in disclosing to the insurance company all facts that are material to the risk when applying for insurance
  2. That the generally established usages of trade applicable to the insured subject matter are followed
  3. That the assured shall not contribute to a loss through willful fault or negligence

Legal decisions have established two important implied warranties in marine insurance policies: that of legality of the venture and that of seaworthiness. The latter is of little concern today since insurance policies commonly waive the warranty of seaworthiness by stating that seaworthiness is admitted as between the assured and the insurer. The insurer is not at liberty, however, to waive the implied warranty of legality. Such a waiver would be against public policy and the law of the land.

See special marine policy.

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