Commonwealth Consolidated Acts

MARINE INSURANCE ACT 1909 - SECT 62

(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.