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A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure. Once a breach of warranty discharge the insurer from liability from the time of the breach notwithstanding that the loss has no connection with the breach or that the unseaworthiness had been remedied before the loss. As this implied warranty is a voyage policy is an absolute and objective warranty, it doesn’t matter what the reason of unseaworthiness is or whether the loss, also once the warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied before the loss. In order to maintain the equity for both the insurer and the assured, the strictness of warranty of seaworthiness should be revised or modified.
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