ADVOKS GLOBAL · KENYA
Marine Insurance Act
46. Deviation
Edition: 2023-12-11 · In force
46. Deviation
(1)Where a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs.(2)There is a deviation from the voyage contemplated by the policy where—(a)the course of the voyage is specifically designated by the policy, and that course is departed from; or(b)the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from.(3)To discharge the insurer from his liability under the contract, there must be a deviation in fact and a mere intention to deviate is insufficient.