Colombian Trade Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title XIII - Marine Insurance - Chapter V - Deviation - From: Section 1722 to: 1729 Art
CHAPTER V
Deviation
Section 1722 .- When the policy is specified by the port of departure and the departure of a ship differently, risks are not borne by the insurer.
Section 1723 .- When the policy is specified by the destination port and the ship sailed for a different one, the risks borne by the insurer.
Section 1724 .- The voluntary change of destination of the ship, once the trip is punishable by termination of the contract.
Section 1725 .- The diversion of the ship on the route which has been the subject of agreement in the policy or in the absence of stipulation, the usual or customary, is punishable by termination of the contract, unless it is excusable.
Section 1726 .- It will not end the responsibility of the insurer, where, thanks to a peril covered by insurance, the trip is interrupted at an intermediate port or place, in circumstances justifying the landing, reshipment or transhipment of goods for shipping them to their destination.
Section 1727 .- When the policy has been designated one port of discharge, the ship may address some or all of them, but if you go to several must do so in the order designated in the policy, unless there is sufficient cause custom or justifying a different behavior.
Section 1728 .- The expedition secured by a travel policy should be continued throughout its course with reasonable speed. If it is not made, the responsibility of the insurer shall cease for the time delays are legally inexcusable.
Section 1729 .- Deviation or delay will be excused,
Section 1723 .- When the policy is specified by the destination port and the ship sailed for a different one, the risks borne by the insurer.
Section 1724 .- The voluntary change of destination of the ship, once the trip is punishable by termination of the contract.
Section 1725 .- The diversion of the ship on the route which has been the subject of agreement in the policy or in the absence of stipulation, the usual or customary, is punishable by termination of the contract, unless it is excusable.
Section 1726 .- It will not end the responsibility of the insurer, where, thanks to a peril covered by insurance, the trip is interrupted at an intermediate port or place, in circumstances justifying the landing, reshipment or transhipment of goods for shipping them to their destination.
Section 1727 .- When the policy has been designated one port of discharge, the ship may address some or all of them, but if you go to several must do so in the order designated in the policy, unless there is sufficient cause custom or justifying a different behavior.
Section 1728 .- The expedition secured by a travel policy should be continued throughout its course with reasonable speed. If it is not made, the responsibility of the insurer shall cease for the time delays are legally inexcusable.
Section 1729 .- Deviation or delay will be excused,
1. When allowed by stipulation of the policy;
2. When they have been caused by circumstances beyond the control of the ship's captain and the owner;
3. Where they are deemed necessary to implement a security or safety of the ship or subject-matter insured, and
4. When they are incurred for the purpose of saving life or to assist a ship in danger, when human lives may be endangered, or for medical, surgical or pharmaceutical to a person on board, or if, being caused by barratry the captain or crew, this is one of the risks insured.
By stopping the cause excusing the delay or diversion, the ship shall recover their route or continue the voyage with reasonable promptness, failing which the insurer can terminate the contract or refuse to pay the insurance.
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