What is required for an insurance policy to enforce its terms, such as warranties?

For an insurance policy to enforce its terms, including warranties, it is essential that those terms are clearly included in the policy documentation. This means that all stipulations, conditions, and warranties that the insured must adhere to must be explicitly stated in the policy itself. This clarity is crucial because it provides both the insurer and the policyholder with a mutual understanding of their obligations and rights under the contract.

When terms such as warranties are documented in the policy, they serve as a binding agreement that both parties have acknowledged. If any party violates these terms, the other party can refer to the documentation to support their claims or defenses.

While compliance history or proof of misrepresentation might come into play in specific disputes, those elements do not serve as fundamental requirements for enforcing the terms of the policy itself. Similarly, arbitration is a method of dispute resolution rather than a prerequisite for enforcing the policy terms. Thus, the enforceability of an insurance policy fundamentally relies on the inclusion of clear, written terms in the policy documentation.