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Section 56: Partial and total loss.

The Marine Insurance Act, 1963Central Act · Act 11 of 1963

(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 a suit 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.

Where this provision sits

ActThe Marine Insurance Act, 1963
Section56
Marginal notePartial and total loss.
JurisdictionCentral
StatusIn force as published by the source

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