To carry requisite documents where nationality expressly

warranted.

SECTION 122. Where the nationality or

neutrality of a ship or cargo is expressly
warranted, it is implied that the ship will
carry the requisite documents to show
such nationality or neutrality and that it
will not carry any documents which cast
reasonable suspicion thereon.
 Express warranty as to nationality
or neutrality.
 Warranty of National Character
A warranty of nationality does not mean that the vessel
was built in such country, but that the property belongs
to a subject thereof. It refers to the beneficial
ownership rather than to the legal title.
 Warranty of Neutrality
Imports that the property insured is neutral in fact, and
shall be so in appearance and conduct, that the
property shall belong to neutrals, and that no act of
insured or his agent shall be done which can legally
compromise its neutrality.
 Implied warranty to carry requisite
documents.

 Warranty of National Character

 Warranty of Neutrality
 SUB-TITLE 1-F
"The Voyage and Deviation”

SECTION 123. When the voyage

contemplated by a marine insurance
policy is described by the places of
beginning and ending, the voyage
insured is one which conforms to the
course of sailing fixed by mercantile
usage between those places.
 SUB-TITLE 1-F
"The Voyage and Deviation”

SECTION 124. If the course of sailing is

not fixed by mercantile usage, the
voyage insured by a marine insurance
policy is that way between the places
specified, which to a master of ordinary
skill and discretion, would mean the
most natural, direct and advantageous.
 SUB-TITLE 1-F
"The Voyage and Deviation”

SECTION 125. Deviation is a departure

from the course of the voyage insured,
mentioned in the last two (2) sections,
or an unreasonable delay in pursuing the
voyage or the commencement of an
entirely different voyage.
Cases of deviation in marine insurance.

1. Departure from the course of sailing

fixed by mercantile usage between the
places of beginning and ending specified
in the policy; (SEC. 123)
2. Departure from the most natural, direct,
and advantageous route between the
places specified if the course of sailing is
not fixed by mercantile usage; (SEC. 124)
Cases of deviation in marine insurance.

3. Unreasonable delay in pursuing the

voyage; and (SEC. 125)
4. The commencement of an entirely
different voyage.
 PROPER DEVIATION
SECTION 126. A deviation is proper:
(a) When caused by circumstances over which neither
the master nor the owner of the ship has any control;
(b) When necessary to comply with a warranty, or to
avoid a peril, whether or not the peril is insured
against;
(c) When made in good faith, and upon reasonable
grounds of belief in its necessity to avoid a peril; or
(d) When made in good faith, for the purpose of saving
human life or relieving another vessel in distress.
 IMPROPER DEVIATION
SECTION 127. Every deviation not specified
in the last section is improper.

SECTION 128. An insurer is not liable for

any loss happening to the thing insured
subsequent to an improper deviation.
 WHEN DEVIATION IS PROPER
Deviation from the course of the voyage will not
vitiate a policy of marine insurance if the
deviation is justified or caused by actual
necessity which is equal in importance to such
deviation. (Maryland Ins. Co. vs. Le Roy, 3 L.
Ed., 257.)
 WHEN DEVIATION IS PROPER
Such compulsory deviations are risks
impliedly assumed by the underwriter. But
while deviation to save property is not
justified, unless it is to save another vessel in
distress (see Burgeos vs. Equitable Marine
Ins. Co., 126 Mass. 70 [1878].), a deviation for
the purpose of saving life does not constitute
a breach of warranty. (Sec. 126[d].) In this
case, the justification rests on ground of
humanity.
EFFECT OF IMPROPER DEVIATION
Where there has been any deviation or
change of the risk without just cause, the
insurer becomes immediately absolved
from further liability under the policy for
losses occurring subsequent (not before)
to the deviation. (45 C.J.S. 567.)