Change of voyage. (See also Deviation.) Section 45 of the Marine Insurance Act provides:
(1) Where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage.
(2) Unless the policy otherwise provides, where there is a change of voyage the insurer is discharged from liability as from the time of change, that is to say, as from the time when the determination to change is manifested, and it is immaterial that the shin may not in fact have left the’ course of voyage contemplated by the policy when the loss occurs.
Under Clause 3 of the Institute Time Clauses (Hulls) 1983, the assured are:
“Held covered in case of any breach of warranty as to cargo, trade locality, towage, salvage services or date of sailing, provided notice be given to the underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.”
Deviation and change of voyage could be breaches of warranty and come under this clause. It should be noted that when there is a “change of voyage” there is no intent to return to the original route, but with deviation there may be.
BLOG COMMENTS POWERED BY DISQUS