Implied condition as to the commencement of risk

This chapter analysis three aspects of s 42 namely the implied condition as to the commencement of risk in the period of pre-attachment of risk, pre-contractual non-disclosure of a circumstance which may result in delay at the commencement of the voyage; and insurers' discharge from liability for delay in the post-attachment of risk period, before the commencement of voyage. It aims at assessing whether and to what extent the MIA has changed the common law rules so far as s 42 is concerned, at identifying the possible motives behind such a change and at determining whether the wording of the section still allows the implication of certain common law concepts into the provision. The latter assessment will rest upon s 91(2) which provides that the rules of the common law including the law merchant shall continue to apply to marine insurance contracts save in so far as they are inconsistent with the express provisions of the MIA.