lodged; (5) the
plaintiff has not been able to prove constructive
loss by reason of abandonment; (6) that by reason
of Sections ... Bihar &
Anr. 2006 (11) SCALE 665]
Interpretation of 'constructive loss' contained in Section 60 is subject
to any express provision
Section 60 in The Marine Insurance Act, 1963
60. Constructive total loss defined .-(1) Subject to any express provision in the policy, there ... constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because
very weak state. The launch should be reckoned as constructive total loss, and it was uneconomic to repair it and the plaintiff at best, could ... however, found that the launch was not a constructive total loss but a partial loss. He also found that the estimated cost of repairs
total and/or constructive total loss only. It is the contention of the insurance company that total
loss and constructive loss are defined
under Sections ... question of law. The loss must be actual
and the actual loss must be a total loss.
An actual total loss does not depend
follows:
"Where by a peril insured against there is a constructive total loss and no notice of abandonment is given, then ... unbroken sequence of events following upon the peril insured against the constructive total loss becomes an actual total loss-as, for instance, if there
arrival.
6.1 There are, thus, two main grounds on which a constructive loss may be founded. The assured may, by the perils insured against ... June/July, 1988 that the goods were actually lost. The constructive loss by way of abandonment can be proved only if the insured is able
partial loss? It is settled law that
he cannot? That is because the election of the assured to
treat the loss as total constructive loss ... Loss AND Amrznormzzrrr
57. Included and excluded losses.
58. Partial and total loss.
59. Actual total loss.
60. Missing ship.
61. Constructive total loss deļ¬ned
value of the Aircraft, the
Aircraft would be considered as a Constructive Total Loss and
in such an event, the defendant would be liable ... agreed value, then, the
Aircraft is to be considered a constructive total loss and the
plaintiff is entitled to full insured value of the Aircraft
Valiant Driller, and the Rig has been declared as a
"Constructive Total Loss". In view of the Rig being declared a "Constructive ... damaged by the Cyclone and which
has been declared as "Constructive Total Loss" by the insurance underwriter
and deemed not viable for revival
Surveyor is incorrect as the vehicle has suffered a total constructive loss.
Regarding issue of validity of the driving license, the insurance company has relied ... estimate and therefore we see it as a total constructive loss which the Insurance Company is liable to indemnify.
In view of the discussion above
