Marginal note:No implied warranty that goods are seaworthy
Marginal note:Voyage policy on goods
(2) There is an implied warranty in every voyage policy on insurable property, other than a ship, that, at the commencement of the voyage, the ship is seaworthy and reasonably fit to carry the insurable property to the destination contemplated by the policy.
Marginal note:Compliance with warranty
Marginal note:Effect of breach of warranty
(2) Subject to any express provision in the marine policy or any waiver by the insurer, where a warranty is not exactly complied with, the breach of the warranty discharges the insurer from liability for any loss occurring on or after the date of the breach, but does not affect any liability incurred by the insurer before that date.
Marginal note:Breach of warranty of good safety
(3) A warranty that the subject-matter insured is “well” or “in good safety” on a particular day is not breached if the subject-matter is safe at any time during that day.
Marginal note:When breach of warranty excused
(4) A breach of a warranty is excused if, because of a change of circumstances, the warranty ceases to be applicable to the circumstances contemplated by the contract or if compliance with the warranty is rendered unlawful by any subsequent law.
Marginal note:Limit on defence to breach of warranty
(5) It is no defence to a breach of a warranty that the breach was remedied and the warranty complied with before any loss was incurred.
Marginal note:Implied condition as to commencement
40 (1) Where the subject-matter is insured by a voyage policy, the ship need not, when the contract is concluded, be at the place at and from, or from, which the subject-matter is insured, but there is an implied condition in the policy that the marine adventure will commence within a reasonable time and, if it is not so commenced, the insurer may avoid the contract.
(2) The implied condition may be negated by establishing that the delay was caused by circumstances known to the insurer before the contract was concluded or that the insurer waived the condition.
Marginal note:Change of port of departure
Marginal note:Change of destination
(2) Where the destination is specified by a marine policy and the ship sails for a different destination, the risk does not attach.
Marginal note:Change of voyage
42 (1) Unless a marine policy otherwise provides, a change of voyage discharges the insurer from liability for any loss occurring on or after the time when the intention to change is manifested, whether or not the ship has in fact left the course of voyage contemplated by the policy when the loss occurs.
(2) There is a change of voyage where, after the commencement of the risk, the destination of the ship is voluntarily changed from that contemplated by the marine policy.
Marginal note:Deviation from voyage
43 (1) A deviation without lawful excuse from the voyage contemplated by a marine policy discharges the insurer from liability for any loss occurring on or after the time when the deviation occurs, regardless of the intention to deviate and whether or not the ship returns to its course of voyage before the loss occurs.
(2) There is a deviation from the voyage contemplated by a marine policy where
(3) Where a marine policy specifies the ports of discharge, the ship may proceed to any or all of them, but if, in the absence of any usage or sufficient cause, the ship does not proceed to them, or such of them as it goes to, in the order specified, there is a deviation from the voyage contemplated by the policy.
(4) Where a marine policy specifies that the ports of discharge are within a given area and does not otherwise name them, the ship may proceed to any or all of them, but if, in the absence of any usage or sufficient cause, the ship does not proceed to them, or such of them as it goes to, in their geographical order, there is a deviation from the voyage contemplated by the policy.
Marginal note:Delay in voyage
44 The marine adventure insured by a voyage policy must be carried out with reasonable dispatch and a delay, without lawful excuse, in carrying it out discharges the insurer from liability for any loss occurring on or after the time when the delay becomes unreasonable.
Marginal note:Excuses for deviation or delay
(a) authorized by any special term in the marine policy;
(b) caused by circumstances beyond the control of the master and the master’s employer;
(c) reasonably necessary in order to comply with an express warranty or an implied warranty;
(d) reasonably necessary for the safety of the ship or subject-matter insured;
(e) for the purpose of saving human life or aiding a ship in distress where human life may be in danger;
(f) reasonably necessary for the purpose of obtaining medical aid for any person on board the ship; or
(g) caused by the barratrous conduct of the master or crew, if barratry is one of the perils insured against.
(2) When the excuse for a deviation or delay ceases, the voyage must be resumed with reasonable dispatch.
46 Where the voyage contemplated by a marine policy is interrupted, by a peril insured against, at an intermediate port or place in such circumstances as, apart from the contract of affreightment, justify the master in landing and reshipping, or transhipping, the goods or movables and sending them to their destination, the insurer continues to be liable for a loss occurring on or after the landing or transhipment.
Marginal note:Premium to be arranged
Marginal note:Additional premium
(2) A reasonable additional premium is payable if insurance is effected on the terms that an additional premium is to be arranged on the happening of a given event and that event happens but no arrangement is made.
Marginal note:Payment of premium
48 Unless otherwise agreed, the duty of the insured or the insured’s agent to pay the premium and the duty of the insurer to issue the marine policy to the insured or the insured’s agent are concurrent conditions, and the insurer is not required to issue the policy until the premium is paid or tendered.
Marginal note:Policy effected through broker
(a) the broker is directly responsible to the insurer for the premium;
(b) the broker has, as against the insured, a lien on the policy for the amount of the premium and the broker’s charges in effecting the policy; and
(c) the insurer is directly responsible to the insured for any amount that may be payable in respect of losses or a returnable premium.
(2) Unless otherwise agreed, where a broker effects a marine policy on behalf of a person who employs the broker as a principal, the broker has a lien on the policy in respect of any balance on any insurance account that may be due to the broker from that person, unless, when the debt was incurred, the broker had reason to believe that the person was only an agent.
Marginal note:Acknowledgement of receipt of premium
50 Where a broker effects a marine policy on behalf of an insured, an acknowledgement in the policy of the receipt of the premium is, in the absence of fraud, conclusive as between the insurer and the insured, but not as between the insurer and the broker.
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