For understanding warranties ‘Representations’should be thoroughly understood because in life insurance those representations which are embodied in the policy and expressly or implicitly forming the main basis of the contract, are called warranties.
Every information distributed by a proposer for insurance to the insurer through the negotiations is really a representation.
Every information distributed by a proposer for insurance to the insurer through the negotiations is really a representation.
The representations might be material or non-material. The material representations are the cornerstone of the insurance contract as has been clear in the most good faith under material facts.
If the proposer’s representation is false or untrue, the contract might be voidable at the possibility of the insurer. The representations made through the negotiations don’t form an important the main contract.
Warranties are integral areas of the contract, i.e., they are the bases of the contract involving the proposer and insurer and if arty statement, whether material or non-material, is untrue the contract will probably be null and void and the premium paid by him might be forfeited by the insurer.
The policy issued will contain that the proposal and personal statement shall form section of the policy and be the cornerstone of the contract.
In order that representation is likely to be warranty. As has been disclosed already that the warranties might be informative, and promissory.
INFORMATIVE WARRANTIES
In Life Insurance, the informative warranties tend to be more important. The proposer is anticipated to disclose most of the material facts to the most effective of his knowledge and belief.
Promissory Warranties
Warranties concerning the long run may only be statements about his expectation or intention, as an example, the proposer promises that the won’t occupy any hazardous occupation and will inform the insurer if he will require the hazardous occupation.
BREACH OF WARRANTY
When there is a breach of warranty, the insurer isn’t bound to do his the main contract unless he chooses to disregard the breach.