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Report No. 21

35. Warranty must be complied with.-

A warranty, as defined in section 33, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.

[Cf. section 33(3), English Act]







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