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ARTICLE V.

Warranty of seaworthiness.

Seaworthiness, what,

At what

time seawor

IMPLIED WARRANTIES.

SECTION 2681. Warranty of seaworthiness.

2682. Seaworthiness, what.

2683. At what time seaworthiness must exist.

2684. What things are required to constitute seaworthiness.
2685. Different degrees of seaworthiness at different stages of the

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SEC. 2681. In every marine insurance upon ship or freightage, or upon anything belonging to the shipowner, unless made for a specified length of time, a warranty is implied that the ship shall be seaworthy.

N. Y. C. C., Sec. 1460.

SEC. 2682. A ship is seaworthy, when reasonably fit to perform the services, and to encounter the ordinary perils of the voyage, contemplated by the parties to the policy.

N. Y. C. C., Sec. 1461.

SEC. 2683. An implied warranty of seaworthiness is thiness must complied with if the ship is seaworthy at the time of the commencement of the risk.

exist.

What things

are required

seaworthi

ness.

N. Y. C. C., Sec. 1462.

SEC. 2684. A warranty of seaworthiness extends not to constitute 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.

Different degrees of seaworthiness at dif

N. Y. C. C., Sec. 1463.

SEC. 2685. Where different portions of the voyage, contemplated by a policy, differ in respect to the things ferent stages 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.

of the voy.

age.

N. Y. C. C., Sec. 1464.

thiness dur

SEC. 2686. When a ship becomes unseaworthy during Unseaworthe voyage to which an insurance relates, an unreasona- ing the ble delay in repairing the defect exonerates the insurer from liability from any loss arising therefrom.

N. Y. C. C., Sec. 1465.

voyage.

ness for

purposes of

SEC. 2687. A ship which is seaworthy for the purpose Seaworthiof an insurance upon the ship, may, nevertheless, by reason of being unfitted to receive the cargo, be unseaworthy for the purpose of insurance upon the cargo.

N. Y. C. C., Sec. 1466; 1 Phil. Ins., Sec. 723.

insurance on cargo.

papers.

SEC. 2688. Where the nationality or neutrality of a Neutral 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 cary any documents which cast reasonable suspicion thereon.

N. Y. C. C., Sec. 1467.

ARTICLE VI.

THE VOYAGE AND DEVIATION.

SECTION 2692. Voyage insured, how determined.

2693. Course of sailing, how determined.

2694. Deviation, what.

2695. When proper.

2696. When improper.

2697. Deviation exonerates the insurer.

insured, how

SEC. 2692. When the voyage contemplated by a policy Voyage is described by the places of beginning and ending, the determined. voyage insured is one which conforms to the course of sailing fixed by mercantile usage between those places.

N. Y. C. C., Sec. 1468.

Course of

sailing, how

SEC. 2693. If the course of sailing is not fixed by mercantile usage, the voyage insured by a policy is the way determined. between the places specified, which, to a master of ordinary skill and discretion, would seem the most natural, direct and advantageous.

N. Y. C. C., Sec. 1469.

SEC. 2694. Deviation is a departure from the course of Deviation, the voyage insured, mentioned in the last two sections,

what.

When proper.

When improper.

Deviation

or an unreasonable delay in pursuing the voyage; or the commencement of an entirely different voyage.

N. Y. C. C., Sec. 1470.

SEC. 2695. A deviation is proper

1. When caused by circumstances over which neither the master nor the owner of the ship 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, 4. When made in good faith, for the purpose of saving human life, or relieving another vessel in distress.

N. Y. C. C., Sec. 1471; 3 Kent Com., 323.

SEC. 2696. Every deviation, not specified in the last section, is improper.

N. Y. C. C., Sec. 1472.

SEC. 2697. An insurer is not liable for any loss hap the insurer. pening to a thing insured subsequently to an improper

exonerates

deviation.

N. Y. C. C., Sec. 1473.

ARTICLE VII.

LOSS.

Total and partial loss.

Partial loss.

SECTION 2701. Total and partial loss.

2702. Partial loss.

2703. Actual and constructive total loss.

2704. Actual total loss, what.

2705. Constructive total loss.

2706. Presumed actual loss.

2707. Insurance on cargo, etc., when voyage is broken up.

2708. Cost of reshipment, etc.

2709. When insured is entitled to payment.

2710. Abandonment of goods on insurance of profits.
2711. Average loss.

2712. Insurance against total loss.

SEC. 2701. A loss may be either total or partial.

N. Y. C. C., Sec. 1474.

SEC. 2702. Every loss which is not total is partial.
N. Y. C. C., Sec. 1475; Bouvier's Law Dict., Loes.

SEC. 2703. A total loss may be either actual or constructive.

up.

NY. C. C., Sec. 1476.

SEC. 2704. An actual total loss is caused by

1. A total destruction of the thing insured.

2 The loss of the thing by sinking, or by being broken

3. Any damage to the thing which renders it valueless. to the owner for the purposes for which he held it; or,

4. Any other event which entirely deprives the owner of the possession, at the port of destination, of the thing insured.

N. Y. C. C., Sec. 1477.

Actual and constructive total loss.

Actual total

Icss, what.

SEC. 2705. A constructive total loss is one which gives Constructive to a person insured a right to abandon, under Sec. 2717.

N. Y. C. C., Sec. 1478.

total loss.

actual loss.

SEC. 2706. An actual loss may be presumed from the Presumed continued absence of a ship without being heard of; and the length of time which is sufficient to raise this presumption depends on the circumstances of the case.

N. Y. C. C., Sec. 1479.

Insurance

on cargo, etc., when Voyage is

SEC. 2707. When a ship is prevented, at an intermediate port, from completing the voyage, the master must make exertion to procure, in the same or a contigu- broken up. every ous port, another ship, for the purpose of conveying the cargo to its destination; and the liability of a marine insurer thercon continues after they are thus reshipped.

N. Y. C. C., Sec. 1480.

Cost of

reshipment,

SEC. 2708. In addition to the liability mentioned in the last section, a marine insurer is bound for damages, etc. expenses of discharging, storage, reshipment, extra freightage, and all other expenses incurred in saving cargo reshipped pursuant to the last section, up to the amount insured.

N. Y. C. C., Sec. 1481.

SEC. 2709. Upon an actual total loss a person insured When inis entitled to payment without notice of abandonment.

N. Y. C. C., Sec. 1482.

sured is entitled to payment.

Abandonment of

goods on insurance of profits.

Average loss.

Insurance against total 1088.

SEC. 2710. Where profits are insured, but the goods are not insured, a marine insurer is not liable for a constructive total loss unless the insured Offers to abandon the goods.

N. Y. C. C., Sec. 1483.

SEC. 2711. Where it has been agreed that an insurance upon a particular thing or class of things shall be free from particular average, a marine insurer is not liable for any loss, not depriving the insured of the possession, at the port of destination, of the whole of such thing, or class of things, even though it becomes entirely worthless.

SEC. 2712.

N. Y. C. C., Sec. 1484.

An insurance confined in terms to a total loss, does not cover a constructive total loss, but covers any loss which necessarily results in depriving the insured of the possession, at the port of destination, of the entire thing insured, and also a general average loss.

N. Y. C. C., Sec. 1485.

Abandon. ment,

what.

ARTICLE VIII.

ABANDONMENT.

SECTION 2716. Abandonment, what.

2717. When insured may abandon.

2718. Must be unqualified.

2719. When may be made.

2720. Abandonment may be defeated.

2721. How made.

2722. Requisites of notice.

2723. No other cause can be relied on.

2724. Effect.

2725. Waiver of formal abandonment.

2726. Agents of the insured become agents of the insurer.

2727. Acceptance not necessary.

2728. Acceptance conclusive.

2729. Accepted abandonment, irrevocable.

2730. Freightage, how affected by abandonment of ship.
2731. Refusal to accept.

2732. Omission to abandon.

SEC. 2716. Abandonment is the act by which, after a constructive total loss, a person insured by a contract of marine insurance declares to the insurer that he relinquishes to him his interest in the thing insured.

N. Y. C. C., Sec. 1486.

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