Involves an estimation of what the goods would sell for in whatever condition they would be in on arrival at destination.
An additional circumstance (not mentioned in Clause 13) which may also found a claim for a Constructive Total Loss, is set out in section 60(2)(i) of the Marine Insurance Act:
“where the assured is deprived of the possession of his ship or goods by a peril insured against, and
(a) it is unlikely that he can recover the ship or goods…. or
(b) the cost of recovering the ship or goods would exceed their value when recovered”.
While it is agreed that there may not be many cases in which these circumstances would apply (except under a War or Strikes Risks cover), the omission is regrettable.
After all, conversion or other tortious detention of the goods by a third party is one of the perils which are protected by an insurance against “All Risks”.
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