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https://ptsldigital.ukm.my/jspui/handle/123456789/578554| Title: | Warranty: the hidden shield and sword for the insurer to retain profit under marine insurance |
| Authors: | Abd Ghadas Z. A (UNISZA) Ahmad M. S (UMT) |
| Keywords: | Marine insurance Suspensive effect Warranty |
| Issue Date: | Mar-2017 |
| Description: | Marine insurance is the medium to safeguard and protect the interest of the assured for any damage suffered during the valid policy. It will restore the insured to the same financial position enjoyed before the loss. However, the insurer is only obliged to indemnify the insured based on the damage suffered. An issue arises when the insurer tries to escape payment by adding terms and conditions known as warranty. This is different from the warranty under the contract of a charter party as it refers to a promissory warranty. It is an embedded shield-and-sword under the law for the insurer to deny payment of claim. The warranty is either used for defence in a denial claim or to initiate the stand to escape liability to pay. The concept of suspensive effect adopted under the Insurance Act 2015 was proposed by jurists and scholars to deviate from the strict compliance of warranty. It is hoped that it will bring justice for both insurer and insured. This is doctrinal research which is qualitative in nature. The paper will discuss this matter by referring to the main sources of law under the law of marine insurance. |
| News Source: | Pertanika Journals |
| ISSN: | 0128-7702 |
| Volume: | 25 |
| Pages: | 209-216 |
| Publisher: | Universiti Putra Malaysia Press |
| Appears in Collections: | Journal Content Pages/ Kandungan Halaman Jurnal |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| ukmvital_116018+Source01+Source010.PDF | 234.69 kB | Adobe PDF |  View/Open |
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