Home / Regular Issue / JTAS Vol. 25 (S) Mar. 2017 / JSSH-S0409-2016

 

Warranty: The Hidden Shield and Sword for the Insurer to Retain Profit under Marine Insurance

Abd Ghadas, Z. A. and Ahmad, M. S.

Pertanika Journal of Tropical Agricultural Science, Volume 25, Issue S, March 2017

Keywords: Marine insurance, suspensive effect, warranty

Published on: 25 September 2017

Marine insurance is the medium to safeguard and protect the interest of the assured for any damage suffered during the valid policy. It will restore the insured to the same financial position enjoyed before the loss. However, the insurer is only obliged to indemnify the insured based on the damage suffered. An issue arises when the insurer tries to escape payment by adding terms and conditions known as warranty. This is different from the warranty under the contract of a charter party as it refers to a promissory warranty. It is an embedded shield-and-sword under the law for the insurer to deny payment of claim. The warranty is either used for defence in a denial claim or to initiate the stand to escape liability to pay. The concept of suspensive effect adopted under the Insurance Act 2015 was proposed by jurists and scholars to deviate from the strict compliance of warranty. It is hoped that it will bring justice for both insurer and insured. This is doctrinal research which is qualitative in nature. The paper will discuss this matter by referring to the main sources of law under the law of marine insurance.

ISSN 1511-3701

e-ISSN 2231-8542

Article ID

JSSH-S0409-2016

Download Full Article PDF

Share this article

Recent Articles