Mataracy
VIP Contributor
In insurance there are several ways of creating a warranty in insurance contract viz: it may be a term of the policy itself such as where the term uses the word "warranty" or the phrase " it is hereby warranted ", it .may be written on the margin of the policy; incorporated into the policy by reference to the proposal form; or even by the use of the words " condition precedent ". If the later is adopted l, although inherent with problems, it follows that a breach of a condition precedent to the validity of the policy has the same legal consequence as a breach of a warranty.
Since there are no precise form of words or methods to create a warranty, yo avoid the cumbersome nature of severely warranting each and every industrial fact, insurers devised the use of the " basis of the contract". A typical example is ' I agree that this proposal and declaration shall be the basis of the contract between the SINCERE Insurance Company and me ". It can also be worded thus " I, the policy- holders declare that my answer to the foregoing question are correct and true and binding on me and firms the basis of contract for the proposed insurance.
This are the reason why warrant needed to be create during the contract between the insured and the insurance company.
Since there are no precise form of words or methods to create a warranty, yo avoid the cumbersome nature of severely warranting each and every industrial fact, insurers devised the use of the " basis of the contract". A typical example is ' I agree that this proposal and declaration shall be the basis of the contract between the SINCERE Insurance Company and me ". It can also be worded thus " I, the policy- holders declare that my answer to the foregoing question are correct and true and binding on me and firms the basis of contract for the proposed insurance.
This are the reason why warrant needed to be create during the contract between the insured and the insurance company.