Marine Insurance policy, Conditions and express Warranties, Voyage Deviation, Perils of sea, Loss — Kinds of Loss of ship and of freight

You book an Ola to the airport and tell the driver to take the Sion-Panvel road. He turns off towards Bandra for his own errand, then rejoins the road and delivers you on time. You would still be annoyed, because he went somewhere you had not agreed to. A ship insured for a named voyage is in the same position, except that the law is far stricter: even if the ship rejoins her route and is lost later, the insurer can walk away. Why is the Marine Insurance Act so harsh on deviation, and what must an assured prove to recover after a loss?

In two minutes

A marine policy is the written contract, a warranty must be exactly complied with whether material or not (s.35), deviation without lawful excuse discharges the insurer from the moment it occurs (s.48), and the insurer pays for losses proximately caused by insured perils, whether total (actual or constructive) or partial.

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