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Where the insurer pays for the whole loss, he takes over Distinction the interest of the assured in what remains, and thus isin subro 3- entitled to the proprietary rights. In the case of partial "$33? 10:?"
loss. however, title in the subject--matter does not pass to P ' the insurer but he gets all rights and remedies of the assured in and in respect of the subject-matter insured.
In practice, "letters of subrogation" are executed by Lettera_9f_ the assured, laying out the rights of the insurer and bind- 8ub1'°8"*1°n- ing the assured to lend his name to any proceedings which the insurer might take against third parties liable for the loss. - i Sometimes a clause "without benefit of salvage to the Wifhfii-it f insurer" is inserted. Under such clause, proprietary rights ° of the assured are not transferred to the insurer.' ' Section 61 of the English Act provides that in the caSe_Abandor:l- of a constructive total loss the assured may treat the loss ;':g'$;:iou as a partial loss, or, a-t his option, abandon the subject- ' matter insured to the insurer and treat the loss as if it were an actual total loss. The following points of difference be- tween the two can he noted:--'-' 'For a discussion of the circumstances under which section 135A was ntrocluccd, see notes under clauses 52-53.