actual total loss

actual total loss
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 of 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 or specie in which it was insured, even though some of its elements or parts may remain. 29A Am J Rev ed Ins § 1570. actual use. The particular and real use to which property is devoted at a particular time. 7 Am J2d Auto Ins § 109. As to what constitutes an actual use of materials within the meaning of a statute providing a mechanic's lien, see Anno: 39 ALR2d 452. See in actual use.

Ballentine's law dictionary. . 1998.

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  • 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

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  • constructive total loss — In insurance, exists whenever insured item of property has lost its total usefulness and insured is deprived of its benefit totally. See also constructive loss actual total loss …   Black's law dictionary

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  • 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 …   Ballentine's law dictionary

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