ABSTRACT
Abandonment of the subject-matter insured Sections 61, 62 and 63 spell out what may be described as the procedural aspects of the law relating to constructive total loss. They lay down the steps which an assured has to take to ‘validate’ his claim for a constructive total loss. Section 61 should be read with s 62(1): the former relates to abandonment of the subjectmatter insured, whilst the latter to the notice of abandonment which the assured has to give to the insurer when he elects to treat the loss as if it were ‘an actual total loss’. Section 62(1) provides that:
The opening words of s 61 are significant: only ‘Where there is a constructive total loss’ may the assured ‘abandon’ the subject-matter insured to the insurer. But once he has decided to ‘abandon’ the subject-matter insured, he has to manifest his intention by giving the insurer a notice of abandonment.
