Loss

In insurance. The injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortunes against which the insurer, in consideration of the premium, has undertaken to indemnify the insured. 1 Bouv. Inst do. 1215.

— Actual loss. One resulting from the real and substantial destruction of the property insured.

— Constructive loss. One resulting from such injuries to the property, without its destruction, as render it valueless to the assured or prevent its restoration to the original condition except at a cost exceeding its value.

— Direct loss by fire. one resulting immediately and proximately from the fire, and not remotely from some of the consequences or effects of the fire. Insurance Co. v. Leader, 121 Ga. 260, 48 S. E. 974; Ermentrout v. Insurance Co., 63 Minn. 305, 65 N. W. 635, 30 In R. A. 346, 56 Am. St. Rep. 481; California Ins. Co. v. Union Compress Co., 133 U. S. 387, 10 Sup. Ct. 365, 33 L. Ed. 730,

— Loss of consortium. See Consortium.

— Partial loss. A loss of a part of a thing or of its value, or any damage not amounting (actually or constructively) to its entire destruction; as contrasted with total loss. Partial loss is one in which the damage done to the thing insured is not so complete as to amount to a total loss, either actual or constructive. In every such case the underwriter is liable to pay such proportion of the sum which would he payable on total loss as the damage sustained by the subject of insurance bears to the whole value at the time of insurance. 2 Steph. Comm. 132, 133; Crump. Ins. § 331; Mozley & Whitley. Partial loss implies a damage sustained by the Ship or cargo, which falls upon the respective owners of the property so damaged ; and, when happening from any peril insured against by the policy, the owners are to be indemnified by the underwriters, unless in cases excepted by the express terms of the policy. Padelford v. Boardman, 4 Mass. 548; Globe Ins. Co. v. Sherlock, 25 Ohio St. 65; Willard v. Insurance Co., 30 Mo. 35.

— Salvage loss. In the language of marine underwriters, this term means the difference between the amount of salvage, after deducting the charges, and the original value of the property insured. Devitt v. Insurance Co., 6l App. Div. 390, 70 N. Y. Supp. 662; Koons v. La Fonciere Compagnie (D. Ct) 71 Fed. 981.

— Total loss. See that title.