implied warranty

insurance

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Last updated

June 29, 2026

Quick Summary

A warranty is a promise or guarantee made by a seller or lessor about the quality or characteristics of goods or services. These can be express (explicitly stated) or implied (inferred by law). If a warranty is breached, the buyer may be entitled to damages, repair, or replacement.1

In marine insurance, express warranties are written into the contract, such as the FC&S warranty excluding war risks. Implied warranties, which bind parties even if not written, include seaworthiness of the vessel, adherence to the intended course (deviation), and legality of the voyage.2

Insurance contracts require a legal purpose, capacity to contract, a meeting of minds, and consideration. Warranties in insurance applications are crucial; false representations or concealment of material facts can lead the insurer to void the contract.3

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warranty
Implied warranties
As stated earlier, implied warranties are not expressly represented in the written or oral sales agreement but are created and imposed through application of law, usually the UCC. The two primary implied warranties that accompany the sale or lease of goods are that…
Read More
As stated earlier, implied warranties are not expressly represented in the written or oral sales agreement but are created and imposed through application of law, usually the UCC. The two primary implied warranties that accompany the sale or lease of goods are that…
Read More

insurance
Warranties
…must be considered: express and implied. Express warranties are promises written into the contract. There are also three implied warranties, which do not appear in written form but bind the parties nevertheless.
Read More
…must be considered: express and implied. Express warranties are promises written into the contract. There are also three implied warranties, which do not appear in written form but bind the parties nevertheless.
Read More