(2)

There is a deviation from the voyage contemplated by the policy-

(a) where the course of the voyage is specifically designated by the policy, and that course is departed from; or

(b) where the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from.

(3)

The intention to deviate is immaterial; there must be a deviation in fact to discharge the insurer from his liability under the contract.