Abstract
The Law Commissions based their reform of insurance contract law on the principle of proportionality. However, its proposals for risk management clauses (such as the insurance warranty) do not follow this model. The orthodox justification for the ‘‘automatic discharge’’ rule established for insurance warranties is that to leave the insurer a counterclaim for damages is unbusinesslike. This article demonstrates that this is a false choice and insurance law has failed to take into account modern developments in contract law.
| Original language | English |
|---|---|
| Article number | 476 |
| Pages (from-to) | 476-495 |
| Journal | Lloyd's Maritime & Commercial Law Quarterly |
| Publication status | Published - 1 Sept 2013 |