Insurance – Deviation.- Brokers were instructed to insure a vessel and cargo, ‘from Carron to Hull, with liberty to call as usual;’ The broker effected the insurance, only with liberty to call at Leith. In former insurances between the same parties, liberty had always been given to call at Borrowstoneness, Leith, Morrison’s Haven, and Preston Pans, and the instructions to the broker were given with reference to that practice. The ship, in the course of her voyage, called at Morrison’s Haven; and thereafter resumed her course, as contained in the policy, and sometime after was lost. Held, that as no permission was given to call at Morrison’s Haven, this deviation vacated the policy.
[1776] UKHL 2 – Paton – 411, (1776) 2 Paton 411
Bailii
Scotland
Insurance
Updated: 13 January 2022; Ref: scu.561842
