Section 57: Total and partial loss.
(1) A total loss may be either an actual total loss, or a constructive total loss; and any loss other than a total loss, is a partial loss.
(2) 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.
(3) 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.
(4) 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.
Cite this section
Section 57, MARINE INSURANCE ACT (1961).
https://repo.podus.ai/laws/marine-insurance-act/section/57/