Constructive Total Loss Clause

1. Institute Cargo Clauses 1/1/82 provide that no constructive total loss claim will be recoverable unless an actual total loss appears unavoidable, or because costs of recovering the property and forwarding it to its destination would exceed its value on arrival. 2. International Hull Clauses 01/11/02 permits the insured to claim a constructive total loss if the repair costs exceed 80 per cent of the repaired value, i.e. insured value, of the property. This makes it easier for the insured to establish a constructive total loss but nothing obliges the insurer to accept the insured’s notice of abandonment. See ABANDONMENT.

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