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As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

As to proof of loss; conditions to impede or hinder; when
offer of proofs would be in vain, see 7 L. 81.

As to waiver by requiring further proofs of loss, see 9 A. S.
236.

1359



§§ 2635-2637 CIVIL CODE. [Div.III,Pt.IV.

§ 2635. WAIVERS OF DEFECTS IJf NOTICE, ETC. All de-
fects in a notice of loss, or in preliminp.ry proof thereof, which
the insured might remedy, and which the insurer omits to
specify to him, without unnecessary delay, as grounds of
objection, are waived.

History: Enacted March 21, 1872.

See TTerr's Cyc. C. C. for 11 pars, annotation.
98 C. 241, 243, S3 P. 195, 196 (applied).

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

§2636. WAIVER OF DELAY. Delay in the presentation
to an insurer of notice or proof of loss is waived, if caused
by any act of his, or if he omits to make objection promptly
and specifically upon that ground.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to forfeiture by failure to furnish proofs of loss within
stipulated time, see 18 L. 85.

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

§2637. CERTIFICATE, WHEN DISPENSED WITH. If a

policy requires, by way of preliminary proof of loss, the
certificate or testimony of a person other than the insured, it
is sufficient for the insured to use reasonable diligence to
procure it, and in case of the refusal of such person to give
it, then to furnish reasonable evidence to the insurer that
such refusal was not induced by any just grounds of disbe-
lief in the facts necessary to be certified.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
88 C. 152, 153, 157, 26 P. 103, 105 (applied).

As to false proofs for policies, see Kerr's Pocket Pen. C. § 549.
As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.



1360



Tit.XI,ch.I,art.XI.] double INSURANCE. §§ 2641, 2642

ARTICLE XI.

DOUBLE INSURANCE.

§ 2641. Double insurance.

§ 2642. Contribution in case of double insurance.

§ 2641. DOUBLE INSURANCE. A double insurance exists
where the same person is insured by several insurers sepa-
rately in respect to the same subject and interest.
History: Enacted Marcli :il, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to conditions requiring notice of other insurance to be
indorsed on fire policy, see 64 A. D. 221. ^ ,— oo a

As to double insurance— Definition of.— See 88 A. D. 4<.; -8 A.
S 821- 15 L. 127; 1 L. ed. 867; 3 W. & P. 2185.

Same— Insurance by carrier and by owner of goods as.— See

11 A. C. 960. ^ ^^^

Same— What constitutes, for purposes of apportionment.— bee

15 L. 127. ^ ^

As to many miscellaneous matters as to insurance, see notes.

§§ 414, 2527, ante. .

As to subsequent insurance against fire, when avoids policj.

see 20 A. R. 319. „.

As to waiver of conditions against other insurance, see 28

A. R. 602. .,_

As to waiver of conditions against ovennsurance, see _• A. u.

597

As to what constitutes double insurance for purpose of appor-
tionment of loss, see 15 L. 127. ^

As to what constitutes other insurance, see 43 A. R. - i.

§2642. COMKIIU TI(»\ I> CASE OF IMKBLE INSUR-
ANCE. In case of double insurance, the several insurers are
liable to pay losses thereon as follows:

1. In fire insurance, each insurer must contribute ratably
towards the loss, without regard to the dates of the several

policies.

2. In marine insurance, the liability of the several insurers
for a total loss, whether actual or constructive, where the
policies are not simultaneous, is in the order of the dates of

1361



§ 2642 CIVIL CODE. [Div.III.Pt.IV.

the several policies; no liability attaching to a second or other
subsequent policy, except as to the excess of the loss over
the amount of all previous policies on the same interest. If
two or more policies bear date upon the same date, they are
deemed to be simultaneous, and the liability of insurers on
simultaneous policies is to contribute ratably with each
other. The insolvency of any of the insurers does not affect
the proportionate liability of the other insurers. The liability
of all insurers on the same marine interest for a partial or
average loss, is to contribute ratably.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 257.

As to joining of insurers in separate policies in action for
loss, see Kerr's Cyc. C. C. P. § 383 and note.

As to liability of successive insurers, see 28 A. D. 121.

As to many miscellaneous matters as to insurance, see notes,
§§ 414, 2527, ante.

As to return of premium by successive insurers, see Kerr's
Cyc. C. C. § 2622.

As to when insurer cannot defend against loss, see Kerr's Cyc.
C. C. § 2642, note.



1362



Tit.XI,ch.I,art.Xri.] REINSURANCE. §§ 2646, 2647

ARTICLE XII.

REINSURANCE.

§2646. Reinsurnnce, • wliat.

§ 2647. Disclosurf.s required.

§ 2648. Reinsurance presumed to be against liability.

§ 2649. Original insured has no interest.

§2646. REINSUKA>"('E, WHAT. A contract of reinsur-
ance is one by which an insurer procures a third person to
insure him against loss or liability by reason of such original
insurance.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

68 C. 430, 432, 9 P. 712, 713 (applied); 107 C. 327, 330, 48 A. S.
140, 40 P. 431, 28 L. 692 (applied); 56 P. 50, 52 (instance of con-
tract much broader than one of mere technical reinsurance);
127 C. 464, 470, 59 P. 897 (referred to).

REINSURANCE.

As to many miscellaneous matters as to insurance, see note
§ 2527, ante.

As to the remedies of the parties tliereunder. — See 45 A. S. 442.

Action on policy of. — See 10 L. 424.

Construction of contract of. — See 10 L. 423.

Same — Effect of reinsurance, insolvency of original insurer. —
See 10 L. 432.

Definition of. — See 43 A. R. 413: 10 L. 423; 7 W. & P. 6052.

Liability of reinsurance in case of insolvency of original in-
surer. — See 10 L. 424.

Proceeds of reinsurance as special fund in case of insolvency.
—See 38 L. 110.

§2647. I>IS( LOSl iniS IMMH IHED. Where an insurer
obtains reinsurance, he must communicate all the representa-
tions of the original insured, and also all the knowledge and
information he i)ossesses, whether previously or subsequently
acquired, which are material to the risk.

History: Enacted March 21, 1872.
1363



§§2648,2649 CIVIL CODE. [DiV.III.Pt.IV.

§2648. REINSURANCE PRESUMED TO BE AGAINST
LIABILITY. A reinsurance is presumed to be a contract of
indemnity against liability, and not merely against damage.
History: Enacted March 21, 1872.

107 C. 327, 330, 48 A. S. 140, 40 P. 431, 28 L. 692 (applied).
See Kerr's Cyc. C. C. § 2646 and note.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§2649. ORIGINAL INSURED HAS NO INTEREST. The

original insured has no interest in a contract of reinsurance.
History: Enacted March 21, 1872.

68 C. 431, 433, 9 P. 712 (applied).
See Kerr's Cyc. C. C. § 2646.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.



1364



• Tit.XI,ch.II,art.I.] MARINE INSURANCE. § 2655



CHAPTER II.
MARINE INSURANCE.

[For Commissioners' comment on this chapter, see Kerr's
Cyc. C. C]

Article I. Definition of Marine Insurance, § 2655.

II. Insurable Interest, §§ 2659-2665.

III. Concealment, §§ 2669-2672.

IV. Representations, §§ 2676, 2677.

V. Implied Warranties, §§ 2681-2688.

VI. The Voyage and Deviation, §§ 2692-2697.

VII. Loss, §§2701-2712.

VIII. Abandonment, §§ 2716-2732.

IX. Measure of Indemnity, §§ 2736-2746.



ARTICLE I.

DEFINITION OF MARINE INSURANCE.

S 2655. Marine insurance, wliat.

§2«r)r). MARI>E INSURANCE, WHAT. Marine insurance
is an insurance against risks connected with navigation, to
which a ship, cargo, freightage, profits, or other insurable
interest in movable property, may be exposed during a certain
voyage or a fixed period of time.

History: Enacted March 21, 1872.

MARINE INSURANCE — GENERALiL-Y.

As to Insurable interests, see Kerr's Cyc. C. C. 2546-2557 and
notes; also note 2527, ante.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to what are perils of the sea, see 41 A. D. 281.

Abandonment under. — See 9 L. 831.

Collisions, liability for injuries caused by to another vessel
by the insured vessel. — See 54 A. D. 787; see "Perils of the sea,"
this note.

1365



§ 2655 CIVIL CODE. [Div.III.Pt.IV.

Contractual limitation of time in which to bring action, be-
gins to run when. — See 47 L. 708.

Deviation by necessity, effect of upon policy. — See 58 A. D.
673.

Deviation of vessel, what is and effect of. — See 33 A. D. 60.

Effect of voluntary exposure to peril. — See 1 L. N. S. 1095.

Foreign court of admiralty, conclusiveness of judgment of on
policy of marine insurance. — See 20 L. 669.

Goods stowed on deck and jettisoned, when covered by polic5\
—See 86 A. D. 500.

Judgment of foreign court of admiralty on policy of, con-
clusiveness of. — See 20 L. 669.

Jurisdiction of admiralty — As to maritime insurance. — See 66
L. 200, 234.

Same — ^Conclusiveness of judgment of foreign court of ad-
miralty on policy of marine insurance. — See 20 L. 669.

Same — On Lloyd policies. — See 55 L. 193.

Liability for injuries caused by another vessel through col-
lision with the insured vessel. — See 54 A. D. 787.

Loss due to neglect to employ a pilot. — See 33 A. D. 599.

Maritime lien for. — See 70 L. 389.

"Perils of the sea," what are. — See 41 A. D. 281; 6 W. & P.
5295.

Same — Act of God as. — See 31 A. D. 745; 46 A. D. 587; 41 L.
ed. 1039; 6 W. & P. 5297.

Same — Blockade as. — See 3 A. D. 319; 6 W. & P. 5298.

Same — Capture as. — See 24 A. D. 716; 6 W. & P. 2598.

Same— Collision as. — See 51 A. D. 128; 54 A. D. 776, 787; 10
L. ed. 371; 14 L. ed. 452; 6 W. & P. 2598.

Same — Dampness and sweating as. — See 13 L. ed. 985; 21 L.
ed. 719; 6 W. & P. 5299.

Same — Embezzlement is not. — See 6 W. & P. 5299.

Same — Entry of water through port hole as. — See 23 L. 746;
6 W. & P. 5299.

Same — Escape of steam as. — See 6 W. & P. 5299.

Same — Explosions as. — See 9 A. S. 184; 43 L. ed. 234; 6 W. &
P. 5300.

Same — Fires as. — See 18 L. ed. 172; 6 W. & P. 5300.

Same — Grounding and stranding as. — See 49 A. D. 81; 6 W.
& P. 5300.

Same — Injury by worms as. — See 6 W. & P. 5300.

Same — Jettison as. — See 15 L. ed. 58, 584; 6 W. & P. 5300.

Same — Leakage as. — See 2 A. D. 493; 6 W. & P. 5301.

Same — Negligent stowage of cargo as. — See 6 W. & P. 5301.

Same — Ordinary wear and tear. — See 6 W. & P. 5301.

Same — Sinking of ship by man-of-war as. — See 6 W. & P.
5301.

Same — Stress of weather as. — See 3 L. ed. 189; 6 W, & P. 5301.

1366



Tit.XI,ch.II,art.II.] INSURABLE INTEREST. §§2659,2660

Same— Swell caused by passing steamer as.— See 6 W. & P.

Same— Vermin on shipboard as.— See 6 W. & P. 5301.

Same-Wetting of cargo as.-See 38 A. D. 747, 6 W. & P. 5301.

Policies, severability of contract.— See 19 L. 218.

Right to recover under "'sue and labor" clause in marme m-
surance for moving cargo over land.— See 1^^^- N"^^" /_1/^-

Seaworthiness— Implied warranty of.— See 58 A. D. bll.

Same— What is within the meaning of the law of.— See 66
A. D. 33.

Technical total loss.— See 9 L. 832. , » t^ icr

Warranty of seamanship, what embraced m.— See 1 A. V. ibb.



ARTICLE II.

INSURABLE INTEREST.

§ 2659. Insurable interest in a ship.

§ 2660. Interest reduced by bottomry.

§ 2661. Freightage, what.

§ 2662. Expected freightage.

§ 2663. Interest in expected freightage, what.

§ 2664. Insurable interest in profits.

§ 2665. Insurable interest of charterer.

§ 2659. INSURABLE INTEREST IN A SHIP. The owner
of a ship has in all cases an insurable interest in it, even
when it has been chartered by one who covenants to pay him
its value in case of loss.

History: Enacted March 21, 1872.
As to definition of bottomry, see Kerr's Cyc. C. C. § 3017 and
note; 19 L. ed. 651; 1 W. & P. 848.

As to many miscellaneous matters as to insurance, see notes

SS 414, 2527, ante. ^^ , _,^„

As to rights of bottomry holder and insurer, see Kerr s Cyc.

C. C. § 3025 and note.

§2660. INTEREST REDUCED BY BOTTOMRY. The in-
surable interest of the owner of a ship hypothecated by bot-
tomry is only the excess of its value over the amount secured
by bottomry.

History; Enacted March 21, 1872.
1367



§§ 2661-2665 CIVIL CODE. [Div.III,Pt.IV.

As to insurable interest, generally, see Kerr's Cyc. C. C.
§§ 2546 et seq. and notes.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§2661. FREIGHTAGE, WHAT. Freightage, in the sense
of a policy of marine insurance, signifies all the benefit
deriveii by the owner, either from the chartering of the ship
or its employment for the carriage of his own goods or those
of others.

History: Enacted March 21, 1872.

As to definition of marine insurance, see Kerr's Cyc. C. C.
§ 2655 and note; 5 W. & P. 4370.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§ 2662. EXPECTED FREIGHTAGE. The owner of a ship
has an insurable interest in expected freightage which he
would have certainly earned but for the intervention of a
peril insured against.

History: Enacted March 21, 1872.

§ 2663. INTEREST IN EXPECTED FREIGHTAGE, WHAT.

The interest mentioned in the last section exists, in the case
of a charter party, when the ship has broken ground on the
chartered voyage, and if a price is to be paid for the carriage
of goods when they are actually on board, or there is some
contract for putting them on board, and both ship and goods
are ready for the specified voyage.

History: Enacted March 21, 1872.

§2664. INSURABLE INTEREST IN PROFITS. One who

has an interest in the thing from which profits are expected
to proceed, has an insurable interest in the profits.
Hi.story: Enacted March 21, 1872.

§2665. INSURABLE INTEREST OF CHARTERER. The

charterer of a ship has an insurable interest in it, to the
extent that he is liable to be damnified by its loss.

Hi.story: Enacted March 21, 1872.
1368



Tit.XI,ch.II,art.III.] concealment. §§ 2669-2671

ARTICLE III.

CONCEALMENT.

§ 2669. Information must be communicated.

§ 2670. Material information.

§ 2671. Presumption of knowledge of loss.

§ 2672. Concealments which only affect the risk in question.

§2669. I>F0R3IATI0> MUST BE COMMUMCATED. In

marine insurance each partj" is bound to communicate, in
addition to what is required by section two thousand five
hundred and sixty-three, all the information which he pos-
sesses, material to the risk, except such as is mentioned in-
section two thousand five hundred and sixty-four, and to
state the exact and whole truth in relation to all matters that
he represents, or upon inquiry assumes to disclose.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to concealment in insurance, generally, see Kerr's Cj'c. C.
C. §§ 2561, 2672 and notes.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§2670. MATERIAL INFORMATiOX. In marine insur-
ance, information of the belief or expectation of a third per-
son, in reference to a material fact, is material.

Hist«fry: Enacted March 21, 1872.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to when representation of expectation avoids contract, see
post § 2677.

§2671. PRESrMPTK^N OF KXMVLEIHJE OF LOSS. A

person insured by a contract of marine insurance is presumed
to have bad knowledge, at tbe time of insuring, of a prior loss,
if the information might possibly have reached him in the
usual mode of transmission, and at the usual rate of commun-
ication.

History: Enacted March 21, 1872.
1369



§§ 2672-2677 CIVIL CODE. [Div.III,Pt.IV.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

For Commissioners' comment on this section, see Kerr's Cyc.
C. C. § 2671, note.

§2672. COINCEALMEIVTS WHICH ONLY AFFECT THE
RISK IX QUESTION. A concealment in a marine insurance,
in respect to any of the following matters, does not vitiate
the entire contract, hut merely exonerates the insurer from
a loss resulting from the risk concealed:

1. The national character of the insured;

2. The liability of the thing insured to capture and deten-
tion;

3. The liability to seizure from breach of foreign laws of
trade ;

4. The want of necessary documents'; and,

5. The use of false and simulated papers.

Hi.story: Enacted March 21, 1872.



ARTICLE IV.

REPRESENTATIONS.

§ 2676. Effect of intentional falsity.
§ 2677. Representation of expectation.

§2676. EFFECT OF INTENTIONAL FALSITY. If a rep-
resentation, by a person insured by a contract of marine
insurance, is intentionally false in any respect, whether mate-
rial or immaterial, the insurer may rescind the entire con-
tract.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to representation, generally, see Kerr's Cyc. C. C. §§ 2371
et seq. and notes.

§2677. REPRESENTATION OF EXPECTATION. The

eventual falsity of a representation as to expectation does not,
in the absence of fraud, avoid a contract of insurance.

History: Enacted March 21, 1872.
1370



* Tit.XI,ch.TI,art.V.] SEAWORTHINESS. §§2681,2682



ARTICLE V.

IMPLIED WARRANTIES.

§ 26S1. Warranty of scawortliiness.

§ 26S2. Soawortliiness, wliat.

§ 2683. When complied with. [Exceptions.!

§ 2684. Wliat things are required to constitute seaworthiness.

§ 26S5. Different degrees of seaworthiness at different stages

of the voyage.

§ 2686. Unseaworthiness during the voyage.

§ 2687. Seaworthiness for purposes of insurance on cargo.

§ 2688. Neutral papers.

§ 2681. AVARKA>TY OF SEA>VORTHI>ESS. In every ma-
rine insurance upon a ship or freight, or freightage, or upon
anything which is the subject of marine insurance, a war-
ranty is Implied that the ship is seaworthy.

IILstory: Enacted March 21, 1872; amended Marcli 30, 1874,
Code Amdts. 1873-4, p. 257.

4 F. 153, 154 (applied with § 2683 — implied warranty as to sea-
worthiness).

As to definition of seaworthiness, see Kerr's Cyc. C. C. §§ 2682-
2685 and notes.

As to explosion of boilers on ship at sea not being peril
within policy, see Kerr's Cyc. C. C. § 2681, note.

As to implied warranty of seaworthiness within the meaning
of law, see 33 A. D. 37.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to what is embraced in warranty of seaworthiness,
whether of the ship, the freight, or the cargo, see 1 A. D. 165.

§2682. SEAWOKTHI>KSS, WHAT. A ship is seaworthy
when resonably fit to perform the services, and to encounter
the ordinary perils of the voyage, contemplated by the par-
ties to the policy.

History: Enacted March 21. 1872.

As to definition of siaworthiness, see Kerr's Cyc. C. C. §§ 2683-
2685 and notes; 7 W. & P. 6362.

As to many miscellaneous matters as to Insurance, see notes
§§ 414, 2527, ante.

1371



§§ 2683-2685 CIVIL CODE. [Div.III,Pt.IV.

§2683. WHEN COMPLIED WITH. [EXCEPTIONS.] An

implied warranty of seaworthiness is complied with if the
ship be seaworthy at the time of the commencement of the
risk, except in the following cases:

1. When the insurance is made for a specified length of time,
the implied warranty is not complied with, unless the ship
be seaworthy at the commencement of every voyage she may
undertake during that time; and,

2. When the insurance is upon the cargo, which, by the
terms of the policy, or the description of the voyage, or the
established custom of the trade, is to be transhipped at an
intermediate port, the implied warranty is not complied with,
unless each vessel upon which the cargo is shipped, or tran-
shipped, be seaworthy at the commencement of its particular
voyage.

History: Enacted March 21, 1872; amended March" 30, 1874,
Code Amdts. 1873-4, p. 258.

4 F. 153, 154 (applied with § 2681 — implied warranty as to sea-
worthiness).

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§2684. WHAT THINGS ARE KEQUIKEI) TO CONSTI-
TUTE SEAWORTHINESS. A warranty of seaworthiness ex-
tends not only to the condition of the structure of the ship
itself, but requires that it be properly laden, and provided
with a competent master, a sufficient number of competent
officers and seamen, and the requisite appurtenances and
equipments, such as ballast, cables, and anchors, cordage and
sails, food, water, fuel, and lights, and other necessary or
proper stores and implements for the voyage.

History: Enacted March 21, 1872.

§ 2685. DIFEERENT DEGREES OF SEAWORTHINESS AT
DIFFERENT STAGES OF THE YOYAGE. Where different
portions of the voyage contemplated by a policy differ in
respect to the things requisite to make the ship seaworthy
therefor, a warranty of seaworthiness is complied with if, at

1372



Tit.XI,ch.II,art.V.] UNSEAWORTHINESS. §§ 2686-2688

the commencement of each portion, the ship is seaworthy
with reference to that portion.

Hi.story; Enacted March 21, 1872.

§2686. UNSEAWORTHIXESS DUIIOG THE VOYAGE.

When a ship becomes unseaworthy during the voyage to
which an insurance relates, an unreasonable delay in repair-
ing the defect exonerates the insurer from liability from any
loss arising therefrom.

History: Enacted March 21, 1872.

§2687. SEAWORTHINESS FOR PURPOSES OF INSUR-
ANCE ON CARGO. A ship which is seaworthy for the pur-
pose of an insurance upon the ship may, nevertheless, by rea-
son of being unfitted to receive the cargo, be unseaworthy for
the purpose of insurance upon the cargo.

History: Enacted March 21, 1872.

§ 2688. NEUTRAL PAPERS. Where the nationality or neu-
trality 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 docu-
ments which cast reasonable suspicion thereon.

History: Enacted March 21, 1872.



IZli



§§ 2692-2694 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE VI.

THE VOYAGE AND DEVIATION.

§ 2692. Voyage insured, how determined.

§ 2693. Course of sailing, how determined.

§ 2694. Deviation, what.

§ 2695. When proper.

§ 2696. When improper.

§ 2697. Deviation exonerates tlie insurer.

§2692. VOYAGE INSURED, HOW DETERMINED. When
the voyage contemplated bj' a 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 betwen those places.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to insurance, see notes

§§ 414, 2527, ante.

§2693. COURSE OF SAILING, HOW DETERMINED. If

the course of sailing is not fixed by mercantile usage, the voy-
age insured by a policy is the way between the places speci-
fied which, to a master of ordinary skill and discretion, would
seem the most natural, direct, and advantageous.

History: Enacted March 21, 1872.

§ 2694. DEVIATION, WHAT. Deviation is a departure from
the course of the voyage insured, mentioned in the last two
sections, or an unreasonable delay in pursuing the voyage, or
the commencement of an entirely different voyage.
Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to deviation of vessel, what is, and effect of, see 33 A.
D. 60.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

1374



Tit.XI,ch.II,art.VI.] DEVIATION, PROPER. §§ 2695-2697

§2695. WHEX PROPER. A deviation is proper:

1. When caused bj' circumstances over whicli neither the
master nor the owner of tlie sliip has any control ;

2. When necessary to comply with a warranty, or to avoid
a peril, whether insured against or not;

3. When made in good faith, and upon reasonable grounds
of belief in its necessity to avoid a peril; or,



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