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Please use this identifier to cite or link to this item: https://ptsldigital.ukm.my/jspui/handle/123456789/578554
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dc.contributor.authorAbd Ghadas Z. A (UNISZA)
dc.contributor.authorAhmad M. S (UMT)
dc.date.accessioned2023-11-06T03:03:32Z-
dc.date.available2023-11-06T03:03:32Z-
dc.date.issued2017-03
dc.identifier.issn0128-7702
dc.identifier.otherukmvital:116018
dc.identifier.urihttps://ptsldigital.ukm.my/jspui/handle/123456789/578554-
dc.descriptionMarine 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.
dc.language.isoen
dc.publisherUniversiti Putra Malaysia Press
dc.relation.haspartPertanika Journals
dc.relation.urihttp://www.pertanika.upm.edu.my/regular_issues.php?jtype=3&journal=JSSH-25-S-3
dc.rightsUKM
dc.subjectMarine insurance
dc.subjectSuspensive effect
dc.subjectWarranty
dc.titleWarranty: the hidden shield and sword for the insurer to retain profit under marine insurance
dc.typeJournal Article
dc.format.volume25
dc.format.pages209-216
dc.format.issueSpecial Issue
Appears in Collections:Journal Content Pages/ Kandungan Halaman Jurnal

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