Report No. 21
62. Effect of constructive total loss.-
(1) Where there is a constructive total loss, the assured may either treat the loss as a partial loss, or abandon the subject-matter insured to the insurer and treat the loss as if it were an actual total loss.
(2) Where the assured has elected to treat the loss as if it were an actual total loss, he shall not be required to treat it as a partial loss merely by reason of any act of the insurer done after the exercise of such election or any event that might happen subsequent to such exercise.
[Cf. section 61, English Act]