Page 221 - Fire Insurance Ebook IC 57

The Insurance Times

the onus then shifts on the insurers if they want to
prove that the loss was the result of an excepted peril.
For any breach of condition also the onus to prove
lies with the insurers.

c. Warranties - A warranty is an undertaking by the
insured
(i) that some particular thing shall be or shall not be
done.
(ii) that some condition shall be fulfilled.
(iii) whereby he affirms or negates the existence of a
particular state of facts.

In non insurance commercial law, warranty is just a
stipulation, breach of which does not nullify a contract
but merely gives rise to damages. Thus, in the law relating
to the sale of goods, a warranty that sale is of a particular
quality is merely a stipulation. In insurance, however,
warranty is a condition precedent.

The two terms are interchangeable. Warranty
should not be confused with representation, which

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