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.

• Marginal note:Exception

  (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

• 41. (1) Where the place of departure is specified by a marine policy and the ship sails from a different place, the risk does not attach.

• 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.

• Marginal note:Idem

  (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.

• Marginal note:Idem

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

  • (a) the course of the voyage is specified by the policy and is departed from; or

  • (b) the course of the voyage is not specified by the policy but the usual and customary course is departed from.

• Marginal note:Idem

  (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.

• Marginal note:Idem

  (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.