{"id":11554,"date":"2017-12-25T22:17:57","date_gmt":"2017-12-25T22:17:57","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11554"},"modified":"2017-12-25T22:17:57","modified_gmt":"2017-12-25T22:17:57","slug":"total-loss-the-complete-destruction-of-the-insured-property-by-fire-so-that-nothing-of-value-remains-and-cannot-be-rebuilt-as-distinguished-from-a-partial-loss","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11554","title":{"rendered":"Total Loss – the complete destruction of the insured property by fire so that nothing of value remains, and cannot be rebuilt, as distinguished from a partial loss"},"content":{"rendered":"

total loss<\/span>:<\/span>
\n<\/strong>(1924)<\/span><\/p>\n

1. The complete destruction of insured property so that nothing of value remains and the subject matter no longer exists in its original form.\u00a0 *\u00a0 Generally, a loss is total if, after the damage occurs, no substantial remnant remains standing that a reasonably prudent uninsured owner, desiring to rebuild, would use as a basis to restore the property to its original condition. <\/strong>\u2014 aka actual total loss<\/strong><\/em><\/span>.\u00a0 Cf. partial loss; constructive total loss. [1]<\/span><\/p>\n

1. <\/span>The complete destruction of the property covered by an insurance policy.\u00a0 The complete destruction of a building as a building, although not necessarily the extinction of all its parts as material or such destruction that no part is left standing.\u00a0 29A Am J Rev ed lns \u00a7 1536<\/span>. <\/span><\/strong><\/p>\n

In marine insurance, a total and actual loss to the insured of the subject matter of the insurance; a destruction of the the thing in specie, even though some of its component elements or parts may remain. 29A Am 1 Rev ed Ins \u00a7 1570<\/span>.<\/span><\/span><\/strong><\/p>\n

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There can be no \u201ctotal loss” so long as the remnant of the structure standing is reasonably adapted for use as a basis upon which to restore the building to the condition in which it was before the injury; and whether it is so adapted depends upon whether a reasonably prudent owner, uninsured, desiring such a structure as the injured one was before the injury, would, in proceeding to restore the building to its original condition, utilize such remnant as such basis. Royal Insurance Co. v McIntyre<\/em>, 90 Tex 170, 182, 37 SW 1068<\/span>.<\/span><\/strong><\/p>\n

A building is \u201cwholly destroyed\u201d within the meaning of a statute providing that when an insured structure shall be wholly destroyed the amount of the policy shall be conclusive of the true value of the property when insured and of the true amount of the loss, where it has lost its specific character and ceased to exist as a building, although a portion of the foundation remains which might be used in rebuilding. Grandview Inland Fruit Co. v Hartford F. Ins. Co<\/em>. 189 Wash 590, 66 P2d 827, 109 ALR 1472<\/span>.<\/span><\/strong><\/p>\n

As the term is used in fire insurance, it means the complete destruction of the insured property by fire, so that nothing of value remains of it, as distinguished from a partial loss, where the property is damaged, but not entirely destroyed.\u00a0 This does not mean that the materials of which the building was composed were all utterly destroyed or obliterated, but that the building, though some part of it may be left standing, has lost its character as a building, and, instead thereof, has become a broken mass, or so far in that condition that it cannot properly any longer be designated as a building.\u00a0 When that has occurred, then there is a total destruction or loss. A total loss does not mean an absolute extinction.\u00a0 <\/span><\/strong>Corbett v Spring Garden Ins. Co<\/em>. 155 NY 389, 50 NE 282<\/span>.<\/strong>
\n<\/span>See constructive total loss<\/em>.<\/span><\/p>\n

1. As the term is used in fire insurance, the complete destruction of the insured property by fire so that nothing of value remains of it, as distinguished from a partial loss.\u00a0<\/strong> <\/span>
\n\u00a0\u00a0\u00a0\u00a0 See actual loss<\/em>; casualty loss<\/em>; loss<\/em>. [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em><\/a>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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