Marine Insurance Act (S.C. 1993, c. 22)

Marginal note:Compliance with warranty

• 39 (1) Subject to this section, a warranty must be exactly complied with, whether or not it is material to the risk.

• Marginal note:Effect of breach of warranty

  (2) Subject to any express provision in the marine policy or any waiver by the insurer, where a warranty is not exactly complied with, the breach of the warranty discharges the insurer from liability for any loss occurring on or after the date of the breach, but does not affect any liability incurred by the insurer before that date.

• Marginal note:Breach of warranty of good safety

  (3) A warranty that the subject-matter insured is “well” or “in good safety” on a particular day is not breached if the subject-matter is safe at any time during that day.

• Marginal note:When breach of warranty excused

  (4) A breach of a warranty is excused if, because of a change of circumstances, the warranty ceases to be applicable to the circumstances contemplated by the contract or if compliance with the warranty is rendered unlawful by any subsequent law.

• Marginal note:Limit on defence to breach of warranty

  (5) It is no defence to a breach of a warranty that the breach was remedied and the warranty complied with before any loss was incurred.