DEVIATION. In Insurance. Varying' from the risks insured against, as described in the policy, without necessity or just cause, after the risk has begun. Ins. 977 et seg, 2. The mere intention to deviate is not a deviation. Usage, in like cases, has a great weight in deteimining the manner in which the risk is to be run,—the contract being un derstood to have implied reference thereto in the absence of specific stipulations to the contrary. 1 Phillips, Ins. c. xii. sects. L.-NU ; 38 Me. 414; 30 Penn. St. 334; 18 Mo. 193 ; 19 N. Y. 372. A variation from risks de scribed in the policy from a necessity which is not inexcusably incurred does not forfeit the insurance, 1 Phillips, Ins. 1018: as, to seek an intermediate port for repairs neces sary for the prosecution of the voyage, 1 Phil lips, Ins. 1019 ; changing the course to avoid disaster, 1 Phillips, Ins. 1023 ; delay in order to succor the distressed at sea, 1 Phillips, Ins. 1027; 6 East, 54; 2 Crauch, 240, 258 ; 2 Wash. C. C. 80 ; 1 Sumn. C. C. 328 ; damage merely in defence against hos tile attacks. 1 Phillips, Ins. 1030.
3. Change of risk in insurance against fire, so as to render the insured subject, Grits surroundings, or the use made of it, different from those specified in the application, will disCharge the underwriters. 1 Phillips, Inc: 1036 ; 17 Barb. N. Y. 11 ; 2 N. Y. 210'; 7 Cush. Mass. 175; 8 id. 583; 6 Gray, Mast. 185 ; 19 Penn. St. 45 ; 13 B. Monr. Ky. 282; 23 Mo. 953 ; 4 Zabr. N. J. 447 ; 1 Dutch. N. J. 54; 4 Wise. 20.
Change of risk under a life-policy in con traventicn of its express provisions will de, feat it, in like manner, 1 Phillips, Ins. 1039,
though such a policy does not appear to have any implied conditions other than those re‘ lative to fraud common to all contracts.
The effect of a deviation in all kinds of insurance is to discharge the underwriters, whether the risk is thereby enhanced or not; and the doctrine applies to lake and river navigation as well as that of the ocean. 1 Phillips, Ins. 987.
4. In Contracts. A change made in the progress of a work from the Original plan agreed upon.
When the contract is to build a house as cording to the original plan, and a deviation takes place, the contract must be traced as far as possible, and the additions, if any have been made, must be paid for according to the usual rate of charging. 3 Barnew. & AM. 47. And see 1 Ves. Cb. 60 ; 10 id. 306 ; 13 id. 73, 81; 14 id. 413 ; 6 Johns. Ch. N. Y. 38; 3 Cranch, 270 ; 5 id. 262 ; 9 Pick. Mass. 298; Chitty, Contr. 168.
The Civil Code of Louisiana, art. 2734, provides that when an architect or other workman has undertaken the building of a house by the job, according to a plot agreed on between hire and the owner of the ground, he cannot claim an increase of the price agreed on, on theplea of the original plot hav ing been changed and extended, unless he can prove that such changes have been made is compliance with the wishes of the proprietors