MARINE INSURANCE ACT 1906 - SECT 46 Deviation.

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MARINE INSURANCE ACT 1906 - SECT 46

Deviation.

46.(1) Where a ship, without lawful excuse, deviates from the voyage
contemplated by the policy, the insurer is discharged from liability as from
the time of deviation, and it is immaterial that the ship may have regained
her route before any loss occurs.

(2) There is a deviation from the voyage contemplated by the policy

(a)Where the course of the voyage is specifically designated by the policy,
and that course is departed from; or

(b)Where the course of the voyage is not specifically designated by the
policy, but the usual and customary course is departed from.

(3) The intention to deviate is immaterial; there must be a deviation in fact
to discharge the insurer from his liability under the contract.

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Northern Irish Legislation

MARINE INSURANCE ACT 1906 - SECT 46