absolute warranties
Broken Promises and Premium Consequences: Promissory Warranties in South African Insurance Law
There is no excuse that the insured party can use for their non-compliance with the promissory warranty in the traditional circumstances. They are not able to rely on the fact that the term in the warranty was immaterial to the risk that the insurer acceded to, nor can they rely on the argument that the breach they committed was one which was innocent, in good faith or unavoidable. As stated previously, they cannot even rely on the fact that the breach made no contribution to the loss which was suffered. The lack of a causative requirement or a materiality requirement places the insured party at a significant disadvantage in comparison to the insurer
