Change of Voyage, Deviation and Delay under the Marine Insurance Act 1906

Change of Voyage, Deviation and Delay under the Marine Insurance Act 1906

In the UK Marine Insurance Act, a voyage refers to a voyage conducted from the named port of shipment to the named port of destination according to the route and conditions specified in the insurance policy.

In marine cargo insurance for external trade, it is important not only whether an insurance contract exists for the cargo, but also whether the actual transport corresponds with the named port of shipment, port of destination, transport segment, and route as stated in the insurance policy.

Sections 42 to 49 of the Marine Insurance Act 1906 (MIA 1906) address cases where the commencement of the voyage is delayed, where the actual voyage differs from the specified ports of shipment or destination, as well as issues related to changes in voyage, deviation from the route, the order of multiple discharge ports, unreasonable delay, and justifiable deviations or delays.

These provisions differentiate circumstances in which the insurer may avoid the contract, risks do not attach, or the insurer is discharged from liability from a certain point in time, depending on the facts in question.

Therefore, even if there is a change of the port of shipment, change of discharge port, omission of a port, rollover, change of the vessel, unscheduled transshipment, or significant delay, these cannot be uniformly treated as deviation or lack of insurance coverage.

At the time of an incident, it is necessary to separately confirm when the change or delay occurred, whether it was by whose direction or control, whether there was legitimate reason, whether the insurer was notified, and how the applicable insurance policy and ICC Clauses provide for such events.

Scope Covered in This Article

Item	Content Covered in This Article	Content Covered in Other Articles
Delay in Commencing the Voyage	Conditions for starting the voyage within a reasonable time under MIA1906 Section 42	The timing of marine cargo insurance contract formation is covered in the article on marine insurance certificates.
Difference in Port of Departure	Cases where departure occurs from a different place than specified	Inter-warehouse transport under cargo insurance is covered in the insurance period article.
Difference in Port of Destination	Cases where the voyage is directed to a different place than initially specified	Changes of discharge port under the transport contract are also reviewed in B/L-related articles.
Change of Voyage	Voluntary change of the destination after the commencement of risk	Specific notification conditions under ICC Clause 10 are confirmed in the insurance certificate article.
Deviation	Actual departure from the scheduled or usual route without justified reason	Treatment of war risks areas is covered in the war risks clause article.
Multiple Ports of Discharge	Navigation contrary to the order of ports listed or geographical sequence	Shipping line service routes are confirmed through individual transport contracts.
Delay During the Voyage	Failure to carry out the voyage with reasonable dispatch	Exemption from liability for delay under ICC Clause 4.5 is also discussed in the exemption from damage article.
Justifiable Reasons	Deviation or delay for safety assurance, rescue of life, medical measures, etc.	General average and salvage costs are covered in specialized articles.
Relation with ICC	Differences in roles from Clauses 4.5, 8, 9, 10, and 12	Full interpretation of each clause is covered in clause-specific articles.
Relation to Cargo Damage	Distinction between damage caused by delay itself and physical damage under insured risks during delay	Specific insured perils are discussed in ICC(A)(B)(C) articles.

Purpose and Background of the System

In marine insurance, the insurer assumes risk based on the agreed place of shipment, destination, route, timing, and conditions of the voyage at the time the contract is made.

If the place of shipment, destination, or route changes, factors such as weather conditions, voyage distance, ports of call, port circumstances, war risks, piracy hazards, number of transshipments, and cargo storage duration may also change.

Furthermore, if there is a significant delay before or during the voyage, the season, cargo condition, port congestion, political situation, and safety conditions may differ from those at the time the contract was concluded.

Therefore, MIA 1906 distinguishes differences between the planned voyage and the actual voyage into changes in place of shipment or destination, alteration of the voyage, deviation, and delay, each having different legal effects.

However, in modern marine cargo insurance for overseas trade, payment of claims is not determined solely by the principles of MIA 1906.

In practice, the insurance policy, ICC(A)(B)(C) clauses, special clauses, insurer approval, insured’s notification, and the cause of the incident are all taken into consideration.

Basic Structure of MIA 1906 Sections 42 to 49

Section	Legal Concept	Basic Content	Main Legal Effect	Key Practical Reference Materials
Section 42	Delay in Commencement of Voyage	Implied condition to start the scheduled voyage within a reasonable time	Insurer may cancel the contract if condition is breached	Insurance contract date, loading schedule, actual departure date
Section 43	Difference in Port of Departure	When the vessel departs from a location other than the specified place	Risk under the insurance does not attach	Insurance policy, departure records, B/L
Section 44	Difference in Port of Destination	When the vessel departs with a destination other than the specified place	Risk under the insurance does not attach	Insurance policy, voyage instructions, booking
Section 45	Change of Voyage	Voluntary change of destination after risk attachment	Insurer may be discharged from liability from the time the intention to change is manifested	Voyage instructions, shipping line notices, internal approvals
Section 46	Deviation	Actual deviation from the scheduled or customary route without justified reason	Insurer may be discharged from liability from the time of actual deviation	AIS, ship’s logbook, voyage plan
Section 47	Multiple Discharge Ports	Visiting discharge ports contrary to the stated or geographical sequence	May constitute deviation unless sufficiently justified or customary	Insurance policy, calling order, ship’s logbook
Section 48	Delay During Voyage	Failure to perform the voyage with reasonable dispatch	Insurer may be discharged from liability from the point the delay becomes unreasonable	Schedule, reasons for delay, shipping line notices
Section 49	Justification for Deviation and Delay	Statutory grounds such as safety, saving life, medical treatment, or others	Deviation and delay may be justified to the extent reasonably necessary	Accident reports, meteorological data, rescue records

Distinguishing Adjacent Legal Concepts

Concept	Timing of Occurrence	Required Fact	Basic Effect	Typical Example
Delay in Starting the Voyage	Before the scheduled voyage begins	Failure to commence the voyage within a reasonable period	Possible cancellation of the contract by the insurer	No departure for several months after contract
Difference in Port of Shipment	Before the commencement of risk	Departure from a port other than the specified port	Risk has not yet commenced	Departure from Kobe on a policy issued for Yokohama
Difference in Destination	Before the commencement of risk	Departure with a destination other than the specified destination	Risk has not yet commenced	Voyage directed initially to Jakarta on a policy for Singapore
Change of Voyage	After risk has commenced	Manifestation of an intention to voluntarily change the destination	From the time of intention, possible exemption from liability	Changing cargo sale destination to another country during voyage
Deviation	After risk has commenced	Actual departure from the scheduled or usual route	From the time of actual deviation, possible exemption from liability	Calling at an unscheduled port for commercial purposes
Delay During Voyage	After risk has commenced	Failure to proceed with the voyage with reasonable dispatch	From the time the delay becomes unreasonable, possible exemption from liability	Long anchorage without valid reason
Justified Deviation or Delay	After risk has commenced	Reasonable necessity based on the grounds of Section 49	Deviation or delay may not immediately constitute a breach of contract	Calling at port for the purpose of rescuing lives

Section 42 of MIA 1906 and Delay in the Commencement of Voyage

When marine cargo insurance covers a specific location "at and from" or "from" under the policy, the vessel does not need to be physically present at that location at the time the contract is made.

However, there is an implied condition that the intended voyage must commence within a reasonable time.

If the voyage does not start within a reasonable period, the insurer may have the right to avoid the contract.

The issue under Section 42 concerns not delays occurring during the voyage, but whether the planned voyage was commenced within a reasonable time.

The determination of a reasonable period is not fixed by a specific number of days.

It depends on factors such as the vessel’s location, the schedule at the time of contracting, the readiness of the cargo, port conditions, the season, the route, and the circumstances known to the parties.

If the insurer was aware of the cause of the delay before the contract was made, or if the insurer waived this implied condition, the insurer may not be able to claim avoidance.

Factors for Judging a Reasonable Period

Judgment Factor	Points to Confirm	Circumstances Supporting Reasonableness	Circumstances Likely to Cause Issues
Schedule at Contract Formation	Scheduled departure date or loading period	Departure occurs near the originally planned timing	Departure significantly exceeds the scheduled period
Location of the Vessel	Where the vessel was at the time of contract	Arrives within the usually required repositioning period	Deployed to a different voyage without reasonable cause
Port Conditions	Congestion, closure, strikes, etc.	Unable to depart due to port closure	Long postponement for commercial reasons despite available berth
Weather and Safety Conditions	Typhoons, rough seas, navigation warnings	Waiting to secure safety	Delay persists after safety risks have passed
Cargo Preparation	Status of cargo, packing, export permits	Waiting for preparation after explaining circumstances to insurer	Long neglect of insufficiencies in insured party’s preparation
Insurer’s Awareness	Whether delay circumstances were known before contract	Insurer assumes risk with delay as a premise	Failure to disclose important delay circumstances
Insurer’s Response	Whether approval for change or waiver of conditions was given	Written approval of departure postponement	Unilateral postponement without notification

MIA1906 Section 43 and Differences in Place of Shipment

When the place of the ship’s departure is specified in the insurance policy but the vessel actually departs from a different location, Section 43 provides that the insurance risk does not attach.

This concerns a situation where the voyage initially covered by the policy has not actually commenced, rather than a change of voyage after risk attachment.

For example, if the policy covers the voyage from Yokohama Port to Singapore Port but the vessel actually departs from Kobe Port, the question arises whether the risk has attached to the specified voyage.

However, in modern marine cargo insurance, if the policy broadly states a country or inter-warehouse transport as the coverage or if the insurer has approved a change of loading port, such differences may be accepted.

Therefore, a difference in port name alone should not lead to an immediate conclusion; the insured transport section, notification details, confirmed notices, and insurer’s approval should be checked carefully.

Section 44 of MIA 1906 and Differences in the Destination

Even if a destination is specified on the insurance policy, if the vessel departs from the outset for a different destination, Section 44 provides that the insurance risk does not attach.

Section 44 differs from Section 45, which deals with cases where the destination is changed after the risk has attached.

If the voyage from the start is to a different destination, it is considered that the voyage originally planned in the insurance policy has not commenced.

For example, if a vessel insured for Singapore is decided, even before the contract conclusion, to sail to Jakarta instead, and actually departs bound for Jakarta, this situation falls under this provision.

Difference Between Place of Shipment and Destination, and Comparison of Voyage Change and Deviation

Issue	Before/After Attachment of Insurance	Subject of Change	Required Action	Basic Effect
Difference in Place of Shipment	Before Attachment of Insurance	Port of Departure	Actual departure from a different location	No attachment of insurance
Difference in Destination	Before Attachment of Insurance	Original destination	Departure toward a different destination	No attachment of insurance
Change of Voyage	After Attachment of Insurance	Destination	Voluntary declaration of change intention	Possible exemption from liability from time of declaration
Deviation	After Attachment of Insurance	Route	Actual departure from the scheduled or customary route	Possible exemption from liability from time of actual deviation

Change of Voyage under MIA 1906 Section 45

If, after the commencement of risk, the vessel’s destination is voluntarily changed from the destination stipulated in the policy, this constitutes a change of voyage.

Unless otherwise specified in the policy, the insurer may be discharged from liability from the moment the intention to change the destination is expressed.

In a change of voyage, it is not only relevant whether the vessel actually deviated from the intended route.

The critical point is when a definitive intention to change the destination to an alternate place is externally communicated, whether by voyage instructions, orders to the master, requests to the shipping line, or internal company approval.

Mere consideration, preliminary proposals, or inquiries about possibilities do not necessarily amount to an immediate expression of intent to change.

Documents for Determining Voluntariness and Declaration of Intent in Voyage Changes

Document for Verification	Contents to Verify	Circumstances Supporting Voluntary Changes	Circumstances Supporting Inevitable Changes
Instructions to Shipping Line	Who requested the change of destination	The insured or shipper instructed a change of buyer	The shipping line designated an alternative port due to port closure
Booking Change Records	Date, time, and reason for change	Change for commercial reasons	Prohibition of navigation or safety reasons
Internal Approvals	Date of decision on the change	Decision to sell to a different buyer	Provisional measures after emergency evacuation
Orders to Captain / Vessel	Whether the new destination is confirmed	Clear order to proceed to new destination	Temporary standby for safety confirmation
Port Authority Notification	Port closure or entry restrictions	No special compelling circumstances	Legal or physical impossibility of entry to the port of destination
Notification to Insurer	Communication and approval before and after change	Unilateral change before approval	Prompt notification and acceptance of additional conditions

Change of Vessel or Transshipment Does Not Necessarily Constitute a Voyage Deviation

When the vessel is changed, a feeder vessel is added, or the transshipment port is changed, it does not necessarily amount to a voyage deviation under MIA 1906 Section 45, provided the final destination and the insured transit purpose stated on the policy are maintained.

However, if the change of vessel results in a substantial alteration of the destination, transport segment, risk zones, or storage conditions, the impact on the insurance terms should be verified.

In case of vessel name changes, rollovers, or transshipment modifications, it is important to notify the insurer or insurance agent and ensure that the confirmed notice and insurance policy correspond to the actual transport details.

Deviation under Section 46 of the Marine Insurance Act 1906 (MIA1906)

A deviation occurs when a vessel, without valid reason, actually departs from the voyage stipulated in the insurance policy or from the usual and customary route.

When the insurance policy specifies a particular voyage route, it should be confirmed whether the vessel deviated from that route.

If no route is explicitly stated, the determination is based on the route customarily and usually used for similar voyages.

For deviation, the intention to deviate from the planned route alone is not sufficient.

The issue arises at the moment the vessel physically departs from the scheduled or customary route.

If an unjustified deviation occurs, unless otherwise stipulated in the insurance policy, the insurer may be discharged from liability from the time of the actual deviation.

Even if the vessel subsequently returns to the planned route, the effect of the deviation that has already occurred does not automatically cease.

Key Differences Between Change of Voyage and Deviation

Comparison Item	Change of Voyage	Deviation	Practical Confirmation Points
Subject of Change	Final destination	Route during the voyage	Distinguish whether it is a change of destination or route.
Required Facts	Expression of voluntary intention to change destination	Actual departure from the planned route	Separately verify decision-making documents and navigation records.
Timing of Effect	When the intention to change is expressed	When the deviation actually occurs	The sequence relative to the accident date/time is important.
Merely Considered	Does not immediately take effect unless the intention is definite	Does not take effect unless an actual deviation occurs	Do not finalize conclusions based on internal discussions alone.
Return to Planned Route	Confirm whether the intention to change destination has been withdrawn	The effect of deviation does not automatically vanish even if the route is resumed	Check for insurer’s approval or special Clauses.
Typical Example	Changing destination from Singapore to Jakarta	Deviating due to an unscheduled commercial call	Confirm reasons for change and the instruction issuer.

Documents Necessary for Determining Deviation

Document	Items to Confirm	Circumstances Supporting Deviation	Circumstances Supporting Justification
AIS Track	Actual sailing position and route	Significant deviation from usual route	Detour to avoid typhoons or marine accidents
Nautical Logbook	Reason for route change and captain's decision	Unexpected call at port for commercial purposes	Response to lifesaving or engine failure
Shipping Line Notices	Port omissions, substitute ports, service changes	Additional port call for cargo collection	Mandatory change due to port closure
Meteorological Data	Severe weather, typhoons, waves, etc.	Taking a detour despite no danger	Reasonable detour for safe navigation
Port Authority Notices	Entry ban, blockade, strikes	Calling at alternative ports while entry is possible	Entry impossible due to legal or physical reasons
Captain/Shipowner Instructions	Who made the change and for what purpose	Voluntary change for profit	Ensuring the safety of ship and cargo

Section 47 of the MIA 1906 and Multiple Discharge Ports

When multiple discharge ports are listed on the insurance policy, the vessel is generally required to call at the ports in the order stated on the policy, unless there is a trade custom or sufficient reason to do otherwise.

For example, if the policy lists Singapore, Port Klang, and Penang in that order as discharge ports, without reasonable cause, calling first at Penang and then backtracking to Port Klang may be regarded as deviation.

If only a group of ports within a specific region is stated, without naming individual ports, the vessel should call in geographic sequence unless trade custom or sufficient reason justifies otherwise.

However, in actual container liner operations, shipping lines may publish service routes, port call sequences, and transshipment arrangements in advance.

If such port call order is planned from the outset of the contract and acknowledged by the insurer, simply relying on geographic order to judge deviation is not appropriate.

Examples for Determining the Order of Multiple Discharge Ports

Scheduled Ports	Actual Call Sequence	Main Reason	Basic Assessment	Supporting Documents
Singapore → Port Klang → Penang	Same Order	As stated on the policy	Generally no issue	Insurance policy, logbook
Singapore → Port Klang → Penang	Singapore → Penang → Port Klang	Loading additional cargo	Could be a deviation	Shipping line instructions, commercial purpose
Singapore → Port Klang → Penang	Singapore → Penang → Port Klang	Port Klang closure	May be justified	Port closure notice
Multiple Malaysian Ports	Geographical order from south to north	Regular route	Generally no issue	Service route
Multiple Malaysian Ports	Northbound followed by southward return	Additional commercial call	Could be a deviation	Call instructions, voyage plan
Multiple Malaysian Ports	Published liner route	Established trade practice	Not necessarily a deviation	Liner schedule, documentation at contract time

MIA 1906 Section 48 and Delay During Voyage

In marine insurance, the insured voyage must be carried out with reasonable despatch.

If the voyage is not advanced reasonably without justifiable cause, the insurer may be discharged from liability from the point at which the delay becomes unreasonable.

Section 48 addresses whether the entire voyage is being conducted reasonably within the scope of the anticipated perils.

A delay of only a few days beyond the expected arrival date does not necessarily constitute an unreasonable delay.

It is necessary to verify circumstances such as port congestion, severe weather, machinery failure, strikes, inspections, cancellation of transshipment vessels, and avoidance of war risks.

On the other hand, if the voyage is not resumed after justifiable reasons cease and the vessel remains at anchor for a prolonged period solely for commercial reasons, unreasonable delay could become an issue.

Differences Between Delay under MIA1906 Section 48 and Delay Exemption in ICC

Comparison Item	MIA1906 Section 48	ICC Clause 4.5	Practical Differences
Subject	Performance of voyage under a marine insurance contract	Loss, damage, or expense caused by delay	Separates contractual liability from specific causes of loss.
Central Question	Whether the voyage was conducted with reasonable dispatch	Whether the claimed loss was caused by delay	The same delay is evaluated differently depending on the focus.
Effect	Possible exemption from liability after the point delay becomes unreasonable	Exemption for losses caused by delay	Requires confirmation of timing of incident and cause of loss.
Example	Extended port stay without justifiable reason	Market price depreciation due to late arrival	Differentiates delay during voyage and economic losses.
Physical Damage	May affect liability scope at the time of the incident	If fire or other perils occur during delay and are covered risks, each case is considered separately	Differentiates delay itself and proximate causes like fire.
Reference Documents	Logbook, shipping line notifications, reasons for port stay	Cause of incident, survey reports, damage assessment documents	Judgment is not based on identical documents alone.

Distinguishing Between Losses Due to Delay Itself and Physical Damage During Delay

Loss	Direct Cause	Fundamental Considerations	Key Points to Confirm
Penalty for late delivery	Delay in transportation	Typically concerns delay exclusion	Contractual penalty, ICC Clause 4.5
Loss of sales opportunity	Delayed arrival at market	Often excluded under standard marine cargo insurance	Economic loss vs. physical damage
Price depreciation	Delay in arrival time	Considered as economic loss due to delay	Presence or absence of actual cargo damage
Warehouse fire during delay	Fire	Examined individually as insured peril within insurance period	Cause of fire, insurance period, exclusions
Theft during delay	Theft	Verify applicable ICC and theft coverage	Storage location, management conditions, applicable Clauses
Natural deterioration of fresh goods due to prolonged delay	Elapsed time and inherent nature of cargo	Delay exclusion or inherent defect are issues	Temperature records, cargo characteristics, proximate cause
Freezer malfunction during delay	Freezer failure or temperature changes	Check special Clauses and duration of malfunction	Set temperature, failure records, temperature coverage

Section 49 of MIA 1906 and Justification of Deviation or Delay

Section 49 of the Marine Insurance Act 1906 (MIA 1906) provides that deviation or delay may be justified under certain circumstances.

The main grounds for justification include cases where it is permitted by special conditions in the insurance policy, circumstances beyond the control of the master or shipowner, when reasonably necessary to comply with an express or implied warranty, or to reasonably ensure the safety of the vessel or the insured subject matter.

Furthermore, it also covers situations where deviation or delay is reasonably necessary for saving human life, assisting a distressed vessel, or providing medical or surgical treatment to persons onboard.

In addition, if the master’s or crew’s misconduct falls within one of the risks covered by the insured, deviation or delay caused by such misconduct may also become an issue under this section.

Even when justification exists, once the necessity ceases, the vessel must resume its course and continue the voyage with reasonable promptness.

Justifiable Reasons for Deviation and Delay and Supporting Evidence

Justifiable Reason	Examples	Documents Demonstrating Necessity	Point When Justification Ends	Notes
Recognized in the insurance policy	Designated free port clause	Insurance policy, special clauses	When exceeding the scope permitted by the clause	Does not permit unlimited deviation.
Circumstances beyond the control of master or shipowner	Port closure, navigation prohibition, outbreak of combat	Port notices, navigation warnings, official records	When entry or navigation becomes possible	Distinguished from mere deterioration of profitability.
Compliance with warranties	Calling at a port to meet navigation safety conditions	Insurance conditions, inspection records	When conditions are met	Unnecessary anchorage is not justified.
Safety of vessel or cargo	Typhoon avoidance, engine failure repair	Meteorological data, engine log, repair records	When safety is restored	Reasonable range of detour should be verified.
Rescue of human lives	Rescue of persons in distress	Distress communication, rescue reports, logbook	After completion of the rescue	Distinguished from rescue of goods only.
Assistance to vessels in distress	Support for a distressed vessel involving risk to human life	Rescue requests, on-site records	After reasonable assistance has ended	Needs distinction from purely commercial salvage purposes.
Medical treatment	Transporting a seriously ill person to the nearest port	Ship doctor’s records, medical reports, port call records	After patient handover	Voyage should resume promptly thereafter.

Is Vessel Omission or Rollover for Shipping Line Convenience Justifiable?

Omission of ports or rollovers by the shipping line are not automatically justifiable under Section 49 of the MIA 1906.

If these arise from circumstances beyond the control of the master or shipowner—such as port closures, severe weather, strikes, navigation prohibitions, or vessel accidents—they may be considered justifiable.

However, if route or port call order changes are made solely for commercial reasons—such as profitability adjustments, cargo volume balancing, or service reorganization—the same justification may not apply.

In regular liner services, the contract of carriage and insurance policy may anticipate transshipment, substitution vessels, omitted calls, or route alterations by the shipping line.

Therefore, it is necessary to confirm not only the principles under MIA 1906 but also the B/L terms, insurance policy, ICC Clauses 8, 9, and 10, and approval of the insurer.

Connection between MIA1906 and ICC(A)(B)(C)

Issues under MIA1906	Relevant ICC Clause	Main Role in ICC	Practical Points to Confirm
Commencement of Voyage	Clause 8	Attachment and termination of insurance at the start of usual transport	Confirm commencement of transport not only at vessel departure but also from warehouse.
Delay during Insurance Period	Clause 4.5	Exclusion of loss, damage, and expenses caused by delay	Distinguish between delay itself and other insured perils.
Delay or Deviation beyond the Insured’s Control	Clause 8	Consider continuation of insurance despite certain delay or deviation during usual transit	Confirm whether delay/deviation is beyond the insured’s control and within normal transport process.
Termination of Contract of Carriage	Clause 9	Where contract of carriage unexpectedly ends outside insured’s control	Confirm prompt notice and any additional premium if required.
Change of Destination	Clause 10	Notification by insured and new terms upon change of destination	Notify promptly upon becoming aware of the change.
Change of Voyage or Risk	Clause 10	Framework for consultation with insurer on coverage after change	Confirm additional premium and amended conditions.
Expenses to Maintain Insurer’s Liability	Clause 12	Obligations to prevent or minimize insured loss and safeguard rights	Do not confuse salvage expenses after deviation with delay losses.

Practical Workflow for Voyage Change, Deviation, and Delay

1. Confirm the Voyage on the Insurance Policy
   Verify the place of departure, destination, transit sections, vessel name, transshipment ports, and applicable Clause.
2. Confirm Actual Transport Details
   Identify the actual voyage using the B/L, booking, shipping line notices, AIS, and other sources.
3. Distinguish Before and After Attachment of Cover
   Check whether the issue occurred before departure or after the attachment of insurance.
4. Confirm Differences in Place of Departure or Destination
   Verify if departure or destination changed from the originally stated locations.
5. Confirm Declaration of Intent to Change Voyage
   Check when the destination change was finalized and instructed externally.
6. Confirm Actual Deviation
   Verify if the planned or usual route was actually deviated from.
7. Confirm Start Point of Delay
   Identify not only when the usual voyage time was exceeded, but also when it became unreasonable.
8. Confirm Justifiable Reasons
   Check for port closures, severe weather, rescue operations, safety measures, medical treatment, and similar causes.
9. Confirm Actions After Cessation of Justifiable Reasons
   Verify whether the voyage resumed with reasonable promptness.
10. Confirm Relationship with ICC Clauses
    Review Clause 4.5, 8, 9, 10, and 12.
11. Confirm Notification to Insurer
    Check the timing of awareness, notification date, approvals, and any additional premium payment.
12. Separate Accident Causes
    Clarify whether the incident was due solely to delay, or due to fire, theft, or other events occurring during the delay.

Common Practical Issues

Case	Main Issues	Reference Documents	Key Points for Judgment	Initial Response
The vessel was rolled over	Delay in voyage start, vessel change	Booking, shipping line notification, confirmation notice	Whether the destination and transport purpose are maintained	Notify insurer of vessel name and schedule change
Loading port changed from Yokohama to Kobe	Difference in port of shipment	Insurance policy, B/L, change notice	Whether the policy limits the port and if approval for change exists	Correct the policy before departure
Destination changed from Singapore to Jakarta	Change of voyage	Sales contract, shipping line instructions, internal approval	When the intention to change was expressed	Notify insurer immediately
Port closure causing call at an alternative port	Justification for deviation	Port notices, ship’s log, shipping line notification	Whether the circumstances exceed captain’s or owner’s control	Record reason and substitute route
Call at unscheduled port for additional cargo	Commercial purpose deviation	Voyage instructions, cargo manifest, AIS	Whether justified reasons or trade customs exist	Confirm insurer’s approval status
Deviation to assist human life rescue	Justification under Section 49	Distress communications, rescue records, ship’s log	Whether the deviation was reasonably necessary	Record return to route after rescue completion
30-day anchorage due to port congestion	Reasonable delay or unreasonable delay	Port congestion reports, shipping line notifications	Whether delay is outside control of insured or owner	Confirm reason for delay and insurance period
Warehouse fire during delay	Delay exclusion and fire damage	Fire report, storage records, applicable ICC	Whether the proximate cause of damage is delay or fire	Separate physical damage and economic loss
Change in sequence of multiple discharge ports	Deviation under Section 47	Insurance policy, order of port calls, shipping line route	Whether sufficient reason or customary practice exists	Document reason for change as evidence

Application Scenario 1: Vessel Change Due to Rollover

Suppose export cargo scheduled for transport from Yokohama to Singapore was originally booked on Vessel A, which became fully booked. The shipping line decided to roll the cargo over to Vessel B departing the following week.

The place of shipment and destination remain unchanged, the transport purpose is the same, and the cargo is waiting for the next vessel within the port facility.

In this case, a vessel change alone does not automatically constitute a deviation under Section 45 (Change of Voyage) or Section 46 (Deviation) of the MIA 1906.

However, it is necessary to verify the consistency of the vessel name, loading date, and the insurance period as per the confirmed notification.

Retain the shipping line's rollover notice and inform the insurer or insurance agent of the changes to the vessel name and loading date.

Application Scenario 2: When the Port of Loading Changes from Yokohama to Kobe

The insurance policy stated the voyage from Yokohama Port to Singapore Port, but due to the insured's circumstances, the cargo was transported to Kobe Port and departed from Kobe.

There was no prior approval from the insurer nor any correction to the policy.

Under MIA 1906 Section 43, if the departure occurs from a location other than the specified place, it raises the issue that the risk under the scheduled voyage may not attach.

However, if the policy broadly covers transportation between warehouses or includes special provisions allowing changes to the port of loading, the contract details should be confirmed case by case.

It is important to notify the insurer of the port of loading change before departure and to correct the insurance policy or attach confirmation accordingly.

Application Scenario 3: Change of Destination by Insured’s Instruction

Consider cargo bound for Singapore, where after the voyage has commenced, the buyer cancels the contract, and the insured decides to sell the cargo to a different buyer in Jakarta.

The insured formally instructs the shipping line to discharge the cargo at Jakarta.

In this case, even if the vessel has not yet actually altered its route toward Jakarta, the confirmed intention to change the destination triggers the issue of deviation under Section 45 of the MIA 1906.

The insurer should be notified promptly, and under ICC Clause 10 and other relevant conditions, coverage after the change and any additional premium should be confirmed.

Scenario 4: Port Closure and Calling at an Alternative Port

Suppose the destination port is closed due to a typhoon, and the vessel calls at a nearby alternative port to ensure safety.

Although the route deviated from the planned voyage, the port authority’s closure notice and the master’s safety decision were in place.

In this case, under Section 49, deviation or delay may be justified due to circumstances beyond the control of the master or shipowner and for the protection of the vessel and cargo.

However, if the vessel remains at the alternative port for an extended period without a reasonable cause after the destination port reopens, any subsequent delay could raise separate issues.

Application Scenario 5: Unscheduled Port Call for Additional Cargo

Assume the shipping line makes a commercial call at an unplanned port to load additional cargo.

This call was not included in the insurance policy, the liner service schedule, or customary trade practices, nor was it necessitated by safety concerns.

If the vessel deviates from the planned route in reality, Section 46 concerning deviation becomes relevant.

The deviation is not automatically justified merely by the shipping line’s operational decision.

Check the B/L terms, insurance policy, shipping line service route, and the insurer’s approval.

Scenario 6 for Application of the System: Deviation for Life-Saving

If a distress signal is received during the voyage and the vessel deviates from its planned route to conduct a life-saving operation,

after completing the rescue, the vessel returned to its planned route with reasonable promptness.

In this case, under Section 49, the deviation and delay could be justified as reasonably necessary for life-saving purposes.

Preserve records such as the distress signal, rescue reports, logbook entries, AIS track data, and time of return to the planned route.

Application Scenario 7: Cargo Sustains Fire Damage During Delay

Assume that due to port congestion, the cargo has been waiting in the transshipment port’s warehouse for 10 days, when a warehouse fire occurs.

Loss of sales opportunities caused by delayed delivery of the cargo raises the issue of exemption under ICC Clause 4.5 for economic losses due to delay.

On the other hand, damage to the cargo by burning is a physical loss caused by a distinct peril, fire.

If the insurance period was continuous at the time the fire occurred, fire is covered under the applicable ICC, and no other exclusions apply, it may be possible to consider a claim for the physical damage.

It is necessary to separate and clarify the damage caused by the delay itself from the damage caused by a covered peril that occurred during the delay.

Common Misunderstandings

Misunderstanding	Actual Considerations	Practical Points to Note
A change of vessel name always means a deviation from the voyage	If the destination and transportation purpose remain the same, it does not necessarily constitute a voyage deviation immediately.	Distinguish between vessel name changes and destination changes.
Any delay beyond the schedule automatically qualifies as unreasonable delay	The reasonableness is judged including factors such as port congestion and bad weather.	Do not decide solely by the number of days delayed.
Voyage deviation occurs only after the vessel actually changes course	The critical point is when the intention to change the destination is expressed.	Confirm voyage instructions and internal approvals.
Deviation from route is established merely by the intention to deviate from the planned route	Actual departure from the planned route is required to constitute a deviation.	Check AIS data and the ship’s logbook.
The deviation issue disappears once the vessel returns to the planned route	The effects of a deviation already occurred do not automatically disappear.	Confirm timing of deviation and timing of incident.
All changes for the shipping line’s convenience are automatically justified	Distinguish between matters outside their control and discretionary commercial decisions.	Document the reasons for changes as evidence.
Omission of ports always results in a deviation	Check for factors such as port closures, regular service routes, and allowable ranges under policy wording.	Confirm B/L terms and insurance conditions.
Any delay caused by lifesaving operations is unlimitedly excused	Limited to what is reasonably necessary.	Resume the voyage promptly after the rescue.
All damage occurring during a delay is automatically covered by delay exemption	Physical damage from other covered risks like fire or theft is examined separately.	Verify the proximate cause of damage.
Penalties for delivery delays are always covered as cargo damage	Generally excluded as economic loss resulting from delay.	Differentiate physical damage from economic loss.
When multiple discharge ports are listed, the vessel may call in any order	The vessel may need to follow the stated order or geographic sequence.	Confirm trade practices and sufficient justification.
Post-event notification to the insurer always guarantees coverage for changes	Notification timing, insurer approval, additional conditions, and extra premiums must be checked.	Notify promptly as soon as the change is known.

Practical Decision-Making Checklist

Situation to Check	Party to Confirm With	Items to Confirm	Response if Issues Arise
At Time of Insurance Arrangement	Insurance Company or Insurance Agent	Place of shipment, destination, vessel name, transshipment ports, and transport sections	Report the planned voyage details specifically
When Vessel Is Changed	Shipping Line, Freight Forwarder, Insurance Company	New vessel name, loading date, destination, and transport terms	Correct the confirmation notice
At Roll-over	Shipping Line, Insurance Company	Reason for delay, storage location, next vessel, and insurance period	Confirm the notification and insurance continuation
When Loading Port Is Changed	Shipper, Shipping Line, Insurance Company	Differences from the place of shipment on the policy	Amend the policy before departure
When Discharge Port Is Changed	Cargo Owner, Shipping Line, Insurance Company	Whether the change is voluntary or due to port closure etc.	Record the reason and approval for the change
At Unscheduled Port of Call	Shipping Line, Insurance Company	Commercial purpose, safety reasons, trade customs	Confirm the possibility of deviation from route
During Port Closure	Port Authorities, Shipping Line, Insurance Company	Reason for closure, substitute port, expected reopening	Keep official notifications
During Long-Term Delay	Shipping Line, Warehouse, Insurance Company	Circumstances beyond control, storage purpose, and reasons for insurance termination	Confirm insurance period and any additional premium
During Life-saving Operations	Master, Shipping Line, Insurance Company	Request for rescue, reasonable necessity, and time of return	Secure the logbook and rescue records
When Order of Multiple Discharge Ports Changes	Shipping Line, Insurance Company	Order stated on policy, geographical sequence, customs, and reasons	Obtain approval before making changes
When Accident Occurs During Delay	Surveyor, Shipping Line, Insurance Company	Cause of delay and cause of cargo damage	Separate physical damage and economic loss
At Time of Insurance Claim	Insurance Company or Insurance Agent	Date/time of incident, route, delay, justification, covered risks	Match timeline and evidence accordingly

Do Not Confuse Voyage Change, Deviation, and Delay

Concept	Key Issue	Point When Effect Occurs	Main Evidence
Difference in Place of Departure	Was the voyage started from the designated location?	When the vessel departs from a different location	Insurance Policy, B/L, Departure Records
Difference in Destination	Is the voyage originally headed to the designated destination?	When the vessel departs for a different destination	Booking, Voyage Instructions
Voyage Change	Was the destination changed after the start of cover?	When the intention to change is expressed	Shipping Line Instructions, Internal Approvals
Deviation	Did the vessel deviate from the planned or usual route?	When the route is actually deviated	AIS, Voyage Log
Unreasonable Delay	Was the voyage conducted with reasonable speed?	When the delay becomes unreasonable	Schedule, Delay Notices
Exemption for Delay	Did the loss claimed arise from the delay?	When the cause of loss is determined to be delay	Survey, Loss Assessment Documents

Summary

Section 42 of MIA 1906 establishes an implied condition in marine voyage insurance that the scheduled voyage must commence within a reasonable timeframe.

If the voyage does not commence within a reasonable timeframe, the insurer may have the right to cancel the contract. However, if the insurer knew of the delay circumstances before the contract or waived the condition, the treatment may differ.

Section 43 of MIA 1906 raises issues where the vessel departs from a location other than the specified place of shipment, potentially resulting in the marine risk for the scheduled voyage not attaching.

Section 44 addresses cases where the vessel departs originally for a different destination than the specified place of destination, raising questions about the risk attachment for the scheduled voyage.

Section 45 concerns changes of voyage made voluntarily after the marine risk has already attached, specifically changes to the destination.

For voyage changes, what matters is not when the vessel physically deviates from its route, but the moment the intention to alter the destination is clearly established.

Section 46 covers deviation, referring to the actual departure from the intended or customary route without valid cause.

Deviation is not established merely by intent to leave the planned route; actual navigation off the route is required.

Section 47 states that where multiple discharge ports are specified, the customary commercial practice or a sufficient reason is needed to override the requirement to follow the order listed on the policy or geographic sequence.

Section 48 requires that the voyage be executed with reasonable despatch. From the point when an unreasonable delay without just cause occurs, the insurer may be excused from liability.

The concept of unreasonable delay under Section 48 is distinct from the delay exemption under ICC Clause 4.5.

Section 48 concerns the performance of the voyage under the marine insurance contract, whereas ICC Clause 4.5 excludes liability for loss, damage, or expense caused directly by delay.

When marine perils such as fire, theft, or seawater damage occur during a delay, it is important to distinguish between economic loss caused by the delay itself and physical damage caused by separate marine perils.

Section 49 provides that, where recognized on the insurance policy, deviations or delays reasonably necessary due to circumstances beyond the captain’s or owner’s control, such as safety measures, life-saving, or medical aid, may be justified.

Once the justification ceases, the vessel must promptly resume the scheduled route and continue the voyage.

Changes such as vessel substitution, roll-over, skipping ports, transshipment changes, or port congestion do not necessarily constitute a change of voyage, deviation, or unreasonable delay by themselves.

The place of shipment, destination, reason for change, party issuing instructions, date and time of the event, actual route taken, commercial practices, insurer’s approval, and applicable ICC Clauses all need to be confirmed.

In marine cargo insurance for overseas voyages, ICC Clauses 4.5, 8, 9, 10, and 12 should be reviewed to separately address delay exemptions, insurance period, termination of carriage contracts, destination changes, and duties to avoid loss.

In the event of disputes over voyage changes, deviation, or delay, it is necessary to preserve the insurance policy, Bill of Lading, bookings, shipping line notifications, AIS track data, logbooks, port notices, weather information, insurer notifications, and approval records and to consult with the insurer, insurance agent, or experts familiar with UK marine insurance law.