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State
California
IC Sec 1940-1945 Effect of Course of Voyage (THE MARINE CONTRACT)

INSURANCE CODE
SECTION 1940-1945





1940. When the voyage contemplated by marine insurance 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.


1941. If the course of sailing is not fixed by mercantile usage,
the voyage insured by marine insurance is that way between the places
specified which, to a master of ordinary skill and discretion, would
seem the most natural, direct, and advantageous.



1942. Deviation is:
(a) A departure from the course of the voyage insured.
(b) An unreasonable delay in pursuing the voyage.
(c) The commencement of an entirely different voyage.



1943. 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.
(d) When made in good faith, for the purpose of saving human life
or relieving another vessel in distress.


1944. Every deviation not specified in the last section is
improper.


1945. An insurer is not liable for any loss happening to the
subject matter of marine insurance after an improper deviation.