359. When insurers are entitled to freight.

If, during the course of the voyage, the ship in which the goods are being carried becomes a constructive total loss and is abandoned to the insurers on ship1, any freight which may become payable by reason of the ship being able to carry the goods to their destination2 belongs to the insurers3, as the effect of the abandonment is to place them, to this extent at least, in the position of the shipowner4.

If, however, the freight cannot be earned owing to the extent to which the ship is damaged, the shipowner's rights against the persons who may be