The court considered how an event after the insured event may affect the insurance claim: ‘once you have got a constructive total loss, the mere fact that it may ultimately become an actual loss because of some event that is not within the policy does not affect your right at all to claim as for a constructive total loss.’ A notice of abandonment, if not accepted, may be revoked, expressly or by conduct: ‘ It is common ground that there is no pleaded case of equitable estoppel, and that if, therefore, the sole basis for the doctrine of revocation of an abandonment is that of equitable estoppel, then the defendants’ point is a bad one. It seems to me, however, that if an assured, whether before or after commencement of his action, expressly revokes his notice of abandonment, or declares that he will make no claim for a total loss in circumstances where he has recovered his property, then he has chosen or elected to forego his CTL claim and to retain his property. I do not see why he should not be entitled to do so, nor why he should not be bound by that. If he can do it expressly, he can do it impliedly, or by conduct.’
Judges:
Atkinson J
Citations:
[1946] 79 LLR 417
Cited by:
Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 04 May 2022; Ref: scu.251755