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Partial and total loss.
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56.—(1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss.
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(2) A total loss may be either an actual total loss, or a constructive total loss.
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(3) Unless a different intention appears from the terms of the policy, an insurance against total loss includes a constructive, as well as an actual, total loss.
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(4) Where the assured brings an action for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss.
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(5) Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial, and not total.
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