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    Clause 59 of the Marine Insurance Act deals with actual total loss. There are three cases that constitute an actual total loss: (1) where the subject matter is destroyed, (2) where the subject matter is damaged such that it is no longer of the kind insured, and (3) where the assured is irretrievably deprived of the subject matter. Examples of each case are given, such as physical destruction of a ship constituting total loss in the first case, and a ship being sold for less than salvage charges constituting loss in the third case where the subject matter still exists but the assured does not receive it.

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    Clause 59 _ Marine Insurance _ Law Commission of India Reports _ Law Library _ AdvocateKhoj

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    Clause 59 of the Marine Insurance Act deals with actual total loss. There are three cases that constitute an actual total loss: (1) where the subject matter is destroyed, (2) where the subject matter is damaged such that it is no longer of the kind insured, and (3) where the assured is irretrievably deprived of the subject matter. Examples of each case are given, such as physical destruction of a ship constituting total loss in the first case, and a ship being sold for less than salvage charges constituting loss in the third case where the subject matter still exists but the assured does not receive it.

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    18 views2 pages

    Clause 59 - Marine Insurance - Law Commission of India Reports - Law Library - AdvocateKhoj

    Uploaded by

    Apmsidc Nellore
    Clause 59 of the Marine Insurance Act deals with actual total loss. There are three cases that constitute an actual total loss: (1) where the subject matter is destroyed, (2) where the subject matter is damaged such that it is no longer of the kind insured, and (3) where the assured is irretrievably deprived of the subject matter. Examples of each case are given, such as physical destruction of a ship constituting total loss in the first case, and a ship being sold for less than salvage charges constituting loss in the third case where the subject matter still exists but the assured does not receive it.

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    19/04/2023, 17:19 Clause 59 | Marine Insurance | Law Commission of India Reports | Law Library | AdvocateKhoj

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    Report No. 21

    Clause 59

    General.-This deals with actual total loss.

    Analysis.-Actual total loss arises in the following cases

    (i) where the subject-matter is destroyed; or

    (ii) where the subject-matter is damaged so as to cease to be of the kind insured; or

    (iii) where the assured is irretrievably deprived of the subject-matter. An example of the first would be-physical
    destruction of the ship or cargo.

    An example of the second would be a consignment of dates which remains sunk for a number of days and is
    found to be contaminated by sewage.1 The dates in this case had a certain value for distilling purposes, but no
    longer answered the description of dates. (This was a case of insurance of freight; the charterer having
    chartered the ship for a lump sum, issued bills of lading to shippers. As a result of the damage, he lost his
    freight on the cargo in question, and was therefore entitled to recover the profit which he would have made
    from the transaction.)

    As an example of the third may be cited the case where a ship deserted in a sinking condition is towed into
    port by salvors and sold under an order of the Admiralty Court for less than the salvage charges.2

    The distinction between the first two and the third is that in the third the subject-matter may be in existence,
    but the assured does not get it.

    1. Asfar & Company v. Blundell, (1895) 2 QB 198, approved, (1896) 1 QB 123: 73 LT 648 CA.

    1. Cosmen v. West, (1887) 13 App Cas 160 PC.

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    19/04/2023, 17:19 Clause 59 | Marine Insurance | Law Commission of India Reports | Law Library | AdvocateKhoj

       

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