Marine Insurance
Act. Constructive total loss, it was urged, must be commensurate with
actual total loss, but, no case has been made out that ... there is a constructive total loss where the subject-
matter insured is reasonably abandoned on account
of its actual total loss appearing to be unavoidable
Section 60 in The Marine Insurance Act, 1963
60. Constructive total loss defined .-(1) Subject to any express provision in the policy ... there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable
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
total loss. the assured may sum, 0,.
abandon the subject-matter and treat the loss as if it were change of
an actual total 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 ... Syndicate Bank, though, it was not treated as total loss.
Ofcourse, in case of total loss, insurer has to pay the entire
amount
unreasonable expenditure exceeding the value of the goods. This resulted in constructive total loss due to peril/risk insured. The notice of abandonment was given ... account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure, which
Valiant Driller, and the Rig has been declared as a
"Constructive Total Loss". In view of the Rig being declared a "Constructive ... which has been totally damaged by the Cyclone and which
has been declared as "Constructive Total Loss" by the insurance underwriter
and deemed
result, the vehicle was to be considered a constructive total loss, in accordance with the insurance policy's conditions. The records held ... lakhs. Therefore, the vehicle could not be classified as a constructive total loss and preserved their right to repudiate the claim in the event that
