48
CurrentImplied condition as to commencement of risk
Part IIMarine Insurance
Division 8The Voyage
48 Implied condition as to commencement of risk
(1)
Where the subject‑matter is insured by a voyage policy at and from or from a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract.
(2)
The implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he or she waived the condition.
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