Total Loss

In insurance. A total loss in marine insurance is either the absolute destruction of the insured subject by the direct action of the perils insured against, or a constructive — sometimes called "technical"— total loss, in which the assured is deprived of the possession of the subject, still subsisting in specie, or where there may be remnants of it or claims subsisting on account of it, and the assured, by the express terms or legal construction of the policy, has the right to recover its value from the underwriters, so far as, and at the rate at which, it is insured, on abandonment and assignment of the still subsisting subject or remnants or claims arising out of it.

2 Phil. Ins. c. xvii.; 2 Johns. (N. Y.) 286.

— A constructive total loss may be by capture; seizure by unlawful violence; as, piracy (1 Phil. Ins. § 1106; 2 Eng. Law & Eq. 85);

— or damage to ship or goods over half of the value at the time and place of loss (2 Phil. Ins. § 1608; 1 Curt. [U. S.] 148; 9 Gush. [Mass.] 415; 5 Denio [N. Y.] 342; 6 Denio [N. Y.] 282; 19 Ala. [N. S.] 108; 1 Johns. Gas. [N. Y.] 141; 6 Johns. [N. Y.] 219);

— or loss of the voyage (2 Phil. Ins. 51 1601, 1606, 1619; 4 Me. 481; 24 Miss. 461; 19 N. Y. 272; 1 Mart. [La.] 221); though the ship or goods may survive in specie, but so as not to be fit for use in the same character for the same service or purpose (2 Phil. Ins. § 1605; 2 Gaines, Gas. [N. Y.] 324; Valin, torn. 2 tit. Ass. a. 46);

or by jettison (2 Phil. Ins. §§ 1616, 1617; 1 Gaines [N. Y.] 196);

— or by necessity to sell on account of the action and effect of S.] 202): or by loss of insured freight consequent on the loss of cargo or ship (2 Phil. Ins. §§ 1642, 1645; 18 Johns. [N. Y,] 208).

There may be a claim for a total loss in addition to a partial loss.

2 PhiL Ins. § 1748; 17 How. (U. S.) B9B.

A total loss of the ship is not necessarily such of cai^ (2 Phil. Ins. §§ 1601 et seq., 1622; 3 Bin. [Pa.] 287); nor is submersion necessarily a total loss (2 Phil. Ins. § 1607; 7 East, 38); nor is temporary delay of the voyage (2 Phil. Ins. §§ 1618, 1619; 5 Barn. & Aid. 597). A constructive total loss, and an abandonment thereupon of the ship, is a constructive total loss of freight; and a constructive total loss and abandonment of cargo has a like effect as to commissions or profits thereon; and the validity of the abandonment will depend upon the actual facts at the time of the abandonment, as the same may subsequently prove to have been.

2 Phil. Ins. % 1630 et seq.; 3 Johns. Gas. (N. Y.) 93.

TOTIDEM VERBIS (Lat.) In so many words. TOTIES QU0TIE8 (Lat.) As often as the thing shall happen. TOTIS VIRIBUS (Lat.) With all one's might or power; with all his might; very strenuously.

TOTUM PRAEFERTUR UNICUIQUE parte

The whole is preferable to any single part.

3 Coke, 41a.