chapter  22
12 Pages

Partial Losses

Kusel v Atkin (The Catariba) [1997] 2 Lloyd’s Rep 749. 5. (1871) LR 6 CP 616. 6. In particular, s.77 concludes with a proviso that nothing therein shall affect the liability of the insurer under

the suing and labouring clause. See ante, Chapter 20. 7. Kusel v Atkin (The Catariba) [1997] 2 Lloyd’s Rep 749. 8. MIA 1906, s.77(2): ‘‘Where under the same policy, a partial loss, which has not been repaired or otherwise

made good, is followed by a total loss, the assured can only recover in respect of the total loss.’’ The proviso to s.77 stipulates that nothing in the section shall affect the liability of the insurer under the suing and labouring clause (on which, see ante, Chapter 20).