actual total loss:
(1808)
1. See total loss.
2. Marine insurance. The total loss of a vessel covered by an insurance policy
(1) by its real and substantive destruction,
(2) by injuries that destroy its existence as a distinct individual of a particular class,
(3) by its being reduced to a wreck irretrievably beyond repair, or
(4) by its being placed beyond the insured’s control and beyond the insured’s power of recovery. [1]
1. This term as used in marine insurance means just what it implies, a total and actual loss to the insured of the subject matter of the insurance. To enable the insured to recover for a total loss, there must be a total destruction of value. It is not necessary to a total loss that there be an absolute destruction of the thing insured, so that nothing o it can be delivered at the point of destination, but there is a total loss if the thing is destroyed in specie, that is in the character for specie in which it was insured, even though some of its elements or parts may remain. 29A Am J Rev ed Ins § 1570. [2]
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
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