Skip to content

Total Loss and Partial Loss

Total Loss and Partial Loss :

A total loss implies that the subject matter insured is fully destroyed and is totally lost to its owner. It can be:

(a) Actual total loss (or)

(b) Constructive total loss

In actual total loss, the subject matter is completely destroyed or so damaged that it ceases to be a thing of the kind insured. For example, sinking of ship, completely destruction of cargo by fire etc.

In the case of constructive total loss, the ship or cargo insured is not completely destroyed but is so badly damaged that the cost of repair or recovery would be greater than the value of the property saved. For example when a vessel sinks in the deep ocean and the act of retrieving the ship back from the water is so costlier than the cost of ship itself. Then the ship is left to rest and is taken as constructive total loss.

A Partial Loss occurs when the subject matter is partially destroyed or damaged. Partial loss can be:

(a) General average (or)

(b) Particular average

General Average refers to the sacrifice made during extreme circumstances for the safety of the ship and the cargo. The loss has to be borne by all the parties who have an interest in the marine adventure. For example, a loss caused by throwing overboard of goods in order to prevent the ship from sinking, is a general average and must be shared by various parties.

Particular Average may be defined as a loss arising from damage accidentally caused by the perils insured against. Such a loss is borne by the underwriter who insured the object damaged. For example, if a ship is damaged due to bad weather, the loss incurred is a particular average loss.

Leave a Reply