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Deviation

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In marine insurance. A voluntary departure, without necessity, or any reasonable cause, from the regular and usual course of the specific voyage insured.

Park on Ins. 294, ch. 1 7. 1 Marshall on Ins, 183. Hughes on Ins, 139» (Am. ed. 1833.) 3 Kent's Com. 312.

A deviation is the increasing or varying the risks insured against, without necessity or reasonable cause. 1 Phillips on Ins, 480. (ed. 1840.) A deviation is not merely going out of the direct or usual course of the voyage, but it comprehends unusual and unnecessary delay, or any other act of the assured, or his agents, which, without necessity or just cause, increases or changes the risks included in the policy.

Id. 481.

Going out of the way or stopping for any other purpose than to save life or to relieve a vessel in distress, is a deviation.

2 Wash.