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The Divisibility Of Warranties In Insurance Policies, Jerald H. Sklar

Vanderbilt Law Review

The doctrine of substantial compliance, and other rules of construction such as the rule calling for an interpretation of warranties as being promissory rather than continuing, are familiar and frequently applied. When applied in favor of the insured, the usual result is to find that the insured has not breached the warranty. This note deals with a less frequently employed tool of beneficent interpretation and one whose thrust is different, the divisibility of warranties. The doctrine of divisibility does not result in a finding of "no breach"; instead it admits the breach, but deems it immaterial because it is not …