The implied condition(s) with respect to the doctrine of deviation in a marine insurance policy is(are) __________.
• Doctrine of deviation in marine insurance and what counts as an unjustified change in the agreed voyage • Difference between route of the voyage and timing/dispatch obligations in a voyage policy • What conditions are typically implied warranties about the voyage in a marine policy
• Ask yourself: When insurers rate the risk for a voyage policy, what main aspects of the voyage are they counting on NOT being changed without good reason? Route, timing, cargo handling, or some combination? • Consider which of the listed options, if substantially altered, would most obviously change the risk profile for the insurer on a voyage policy. • Think about whether the doctrine of deviation is mainly about where the vessel goes, or whether it also traditionally covers when the voyage starts and how quickly cargo is worked.
• Be clear on the definition of deviation: is it about leaving the usual or agreed route, or about delay, or both? • Distinguish between an implied warranty of commencement and prosecution of the voyage versus obligations about cargo discharge/handling at the end of the voyage. • Verify which of the choices are historically recognized as implied conditions in traditional voyage marine insurance policies and which are more about commercial performance after arrival.
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