Abstract
The Marine Insurance Act provides that an insurer is discharged from liability from the date that the insured breaches a warranty in the policy, even when the breach of warranty is not causative of the loss. Not surprisingly, insureds have tried to prevent insurers playing this trump card and after centuries of losing case-after-case, insureds appear to finally be turning the tide. This article explores the judicial decisions of superior courts that exemplify this recent trend and questions whether a deviation from the centuries old legal position is wise judicial policymaking.