Cap. 13 Art. 416Assured may sue for abandonment or for average.

(1) In cases where the things insured may be abandoned, the assured may elect either to make the abandonment or to bring an action for average.

(2) It shall not be lawful for the assured, after having elected to bring an action for average, to waive such action, and bring an action for abandonment. He may, however, waive the abandonment, if not yet accepted by the insurers, and bring an action for average.