ABSTRACT
As mentioned on several occasions in this part, the legal situation is different in time policies from voyage policies, in respect of seaworthiness. A line of 19th century case law refused to imply any seaworthiness warranty into time policies, but recognised a defence based upon knowledge of the assured.197 The case law on this point has been codified by s 39(5), which provides as follows:
In a time policy, there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.
