The boat was declared a total loss by the insurance company.

The ship was declared a total loss by the insurance company.

58(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.

(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.

63 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.

When there is a constructive total loss, the assured may either treat the loss as a partial loss or abandon the ship to the insurer and treat the loss as if it were an actual total loss.

(2) Without limiting the generality of subsection (1), a loss is a constructive total loss if

Although the vessel's cargo of wheat was not damaged, the vessel was declared a constructive total loss.

Although the vessel's cargo of wheat was not damaged, the vessel was declared a constructive total loss.

(5) If an insured fails to give a notice of abandonment as required by this section, the constructive total loss may be treated only as a partial loss.

Following the occurrence, the investigation could not determine its exact bollard pull because the tug was declared a total constructive loss.

(5) Unless a valued policy otherwise provides, the value specified by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.

(4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a con-structive total loss.

(3) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purposes of determining whether there has been a constructive total loss.

(4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.

29(4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.