UAE: Can insurer deny payout if ship changed route before accident?

Question: I am the owner of a ship. Last month, the ship was involved in an accident after hitting an unexpected block of ice, which caused damage. The insurance company has refused to pay compensation on the grounds that the ship had changed its route without legitimate justification. Is the insurance company correct? What reasons are considered legitimate justifications for altering a ship's route? Please advise.

Answer: The insurer shall remain liable for damage arising from the insured risks in the event that there is a legitimate justification for changing the route, voyage or ship transporting the cargo or for making any other change decided by the captain or his representative without the intervention of the ship's husband or the insured. If there is no legitimate justification for changing the voyage or route, the insurer shall only be liable for incidents that occur on the agreed-upon route unless the insurer accepts that the insurance remains valid against an additional premium. When the legitimate justification resulting in the change of the voyage or the route ceases to exist, the ship shall resume the voyage depending on the instructions specified in the policy.

According to Article 287 of the Federal Decree Law No. 43 of 2023 concerning the Maritime Law, the following reasons shall be considered legitimate justifications, for example but not limited to:

A. A permit to make a change in the voyage or route in the insurance policy.

B. If maintaining the safety and security of the ship requires changing the voyage or route.

C. If the flight or route is changed in order to fulfil the obligation to save lives in danger of perishing at sea.

D. If the voyage or route is changed in order to provide medical care to a person who has fallen ill or been injured on the ship.

E. If the change of voyage or route is made due to disobedience by the captain or seafarers, provided that the disobedience is one of the risks covered by insurance.

F. If the change of voyage or route is made as a result of a foreign cause beyond the control of the captain or the ship's husband.