total loss

The complete destruction of the property covered by an insurance policy. The complete destruction of a building as a building, although not necessarily the extinction of all its parts as materials or such destruction that no part is left standing. 29A Am J Rev ed Ins § 1536. In marine insurance, a total and actual loss to the insured of the subject matter of the insurance; a destruction of the thing in specie, even though some of its component elements or parts may remain. 29A Am J Rev ed Ins § 1570. There can be no "total 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, 90 Tex 170, 182, 37 SW 1068. A building is "wholly destroyed" 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. 189 Wash 590, 66 P2d 827, 109 ALR 1472. 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. 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. When that has occurred, then there is a total destruction or loss. A total loss does not mean an absolute extinction. Corbett v Spring Garden Ins. Co. 155 NY 389, 50 NE 282. See constructive total loss.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • total loss — see loss Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. total loss …   Law dictionary

  • total loss — Fire insurance. The complete destruction of the insured property by fire, so that nothing of value remains from it; as distinguished from a partial loss, where the property is damaged, but not entirely destroyed. Test whether building burned is… …   Black's law dictionary

  • total loss — Ignition or lubrication system in which electricity or oil is used without being generated or recirculated. The ignition system uses power from a battery eventually running it flat. The lubrication system uses oil without returning it to a tank.… …   Dictionary of automotive terms

  • total loss — total damage, complete disaster, went out of use, not able to be fixed …   English contemporary dictionary

  • total loss — Synonyms and related words: bereavement, bomb, breakdown, breaking up, breakup, bust, cataclysm, catastrophe, cave, cave in, collapse, cost, crack up, crash, damage, dead loss, debacle, debit, denial, denudation, deprivation, despoilment,… …   Moby Thesaurus

  • total loss — noun : loss that makes property valueless to an insured …   Useful english dictionary

  • total loss — noun An insured item of which the entire value is written off …   Wiktionary

  • total loss control — Gen Mgt the implementation of safety procedures to prevent or limit the impact of a complete or partial loss of an organization’s physical assets. Total loss control is based on safety audit and prevention techniques. It is concerned with… …   The ultimate business dictionary

  • total loss of eyesight — A complete loss of eyesight; a loss of eyesight to the extent that one cannot distinguish colors or objects one from another in good light, although he can distinguish between light and darkness; in some contexts, loss of eyesight which disables… …   Ballentine's law dictionary

  • total loss of business time — Inability to work at one s specific occupation, regardless of ability to do other work. Continental Casualty Co. v Wagner (CA8 Mo) 195 F2d 936, 31 ALR2d 1216. See total disability for work …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.