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IC Sec 1920-1927 Implied Warranties Peculiar to Marine Insurance (THE MARINE CONTRACT)
1920. In every marine insurance upon a ship or involving
transportation by ship, a warranty is implied that the ship is
1921. A ship is seaworthy when reasonably fit to perform the
services and encounter the ordinary perils of the voyage contemplated
by the parties to the policy.
1922. An implied warranty of seaworthiness is complied with if the
ship is seaworthy at the time of the commencement of the risk, except
in the following cases:
(a) When the insurance is made for a specified length of time, the
implied warranty is not complied with unless the ship is seaworthy
at the commencement of every voyage it undertakes during that time.
(b) When the insurance is upon the cargo and, by the terms of the
policy, description of the voyage, or established custom of the
trade, the cargo is to be transshipped at an intermediate port, the
implied warranty is not complied with unless each vessel upon which
the cargo is shipped or transshipped is seaworthy at the commencement
of its particular voyage.
1923. A warranty of seaworthiness extends not only to the condition
of the structure of the ship itself, but also requires that it be
properly laden and provided with:
(a) A competent master.
(b) A sufficient number of competent officers and seamen.
(c) The requisite appurtenances and equipments.
(d) Other necessary or proper stores and implements for the
1924. Where any portion of the voyage contemplated by a policy
differs from other portions in respect to the things requisite to
make the ship seaworthy therefor, a warranty of seaworthiness is
complied with if, at the commencement of each portion, the ship is
seaworthy with reference to that portion.
1925. When a ship becomes unseaworthy during the voyage, an
unreasonable delay in repairing the defect exonerates the insurer
from liability on any loss arising from the defect.
1926. A ship may be seaworthy for the purpose of insurance upon
itself and, at the same time, unseaworthy for the purpose of
insurance upon the cargo because of unfitness to receive the cargo.
1927. Where the nationality or neutrality of a ship or cargo is
expressly warranted, it is implied that:
(a) The ship will carry the requisite documents to show such
nationality or neutrality.
(b) It will not carry any documents which cast reasonable