Insurance Act 2015에 따른 해상보험 담보제도 판례 분석: MOK Petro와 Lonham 판결을 중심으로

This study focuses on marine insurance, and analyzes the content of warranty-regime reform introduced by the UK Insurance Act 2015 and legal and practical implications. It identifies the current status of the warranty regime by comparing it with warranty-related legal frameworks and the case law of major jurisdictions such as the United Kingdom, the United States, Singapore, Japan and China. An examination of the 2024 decision in MOK Petro Energy FZC v. Argo and the 2025 decision in Lonham Group Ltd. v. Scotbeef Ltd. & Anr shows that the English courts continue to adopt an insurer friendly interpretative approach to express warranty clauses. The MOK Petro decision suggests that, by construing the increase of risk requirement in Section 11 broadly in light of the overall purpose of the warranty clause, an insurer may be discharged from liability even in the absence of a direct causal link between breach of warranty and the loss. The Lonham Group decision distinguishes, according to timing and function, between pre-contractual representations and future performance obligations contained within a single clause, classifying the latter as warranties, and thereby narrows the protective scope of Section 9 while giving full effect to the consequences of breach of warranty under Section 10.