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MARINE INSURANCE ACT 1906 - SECT 56

Partial and total loss.

56.(1) A loss may be either total or partial. Any loss other than a total
loss, as hereinafter defined, is a partial loss.

(2) A total loss may be either an actual total loss, or a constructive total
loss.

(3) Unless a different intention appears from the terms of the policy, an
insurance against total loss includes a constructive, as well as an actual,
total loss.

(4) Where the assured brings an action for a total loss and the evidence
proves only a partial loss, he may, unless the policy otherwise provides,
recover for a partial loss.

(5) Where goods reach their destination in specie, but by reason of
obliteration of marks, or otherwise, they are incapable of identification, the
loss, if any, is partial, and not total.


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© 1906 Crown Copyright

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