Section 77: Particular average warranties.

(1) Where the subject matter insured is warranted free from particular average, the assured shall not recover for a loss of part other than a loss incurred by a general average sacrifice, unless the contract contained in the policy is apportionable; but, if the contract is apportionable, the assured may recover for a total loss of any apportionable part.
(2) Where the subject matter insured is warranted free from particular average, either wholly or under a certain percentage, the insurer shall nevertheless be liable for salvage charges; and the insurer shall also be liable for particular charges for and other expenses of averting a loss insured against, where properly incurred pursuant to the provisions of a suing and labouring clause to the like effect as set out in the prescribed form, if contained in the policy.
(3) Unless the policy otherwise provides, where the subject matter insured is warranted free from particular average under a specified percentage, a general average loss shall not be added to a particular average loss to make up the specified percentage.
(4) For the purpose of ascertaining whether the specified percentage has been reached, regard shall be had only to the actual loss suffered by the subject matter insured, and particular charges and the expenses of and incidental to ascertaining and proving the loss shall be excluded.