Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

OBLIGATIONS 511
1079 The premium is not returnable when the assured has an
interest subject to annulment and it terminates during the
currency of the risk.
1080 Where the assured has over-insured under an unvalued
contract, a proportionate part of the premium is returnable.
1081 Subject to Articles 1076 to 1079, where the assured is,
without his knowledge, over-insured by double insurance, a
proportionate part of the several premiums is returnable.
However, if the contracts came into force at different
times, and any earlier contract has at any time borne the entire
risk, or if a claim has been paid on the contract in respect of
the full sum insured by it, no premium is returnable in respect
of that contract.
1082 Where double insurance is effected knowingly by the
assured, no premium is returnable.
§ - 9 Voyage
/ - General provisions
1083 Where the subject-matter is insured by a voyage contract
"at and from" or "from" a particular place, the ship
need not be at that place when the contract is concluded, but
there is an implied condition that the adventure will commence
within a reasonable time.
If the adventure does not so commence, the insurer may
have the contract annulled, except if the assured shows that
the delay was caused by circumstances known to the assurer
before the contract was concluded.
1084 When the ship sails from a place other than the place of
departure specified by the contract, the insurer may have the
contract annulled.