total loss

Evidence, however, that the injured vessel is sunk is not of itself sufficient to show that the loss was total, nor is it sufficient to justify the master and owner in abandoning the vessel or the cargo unless it appears that the circumstances were such that the vessel could not be raised and saved, or that the cost of raising and repairing her would exceed or equal her value after the repairs were made.

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.

Under a policy insuring against “absolute total loss only,” a partial immaterial; Monroe v. Ins. Co., 52 Fed. 777, 3 C. C. A. 280, 5 U. S. App. 179. "See Loss. T0TIDEM VERBIS. In so many words. T0TIES QU0TIES (Lat.). As often as the thing shall happen.

In marine insurance, a total loss is the entire destruction or loss, to the insured, of the subject-matter of the policy, by the risks insured against As to the distinction betwcen "actual" and "constructive" total loss, see infra. In fire insurance, a total loss is 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.

— Aetna total loss. In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive destruction, by injuries which leave it no longer existing in specie, by its being reduced to a wreck irretrievably beyond repair, or by its being placed beyond the control of the insured and bsyond his power of recovery. Distinguished from a constructive total loss, which occurs where the vessel, though injured by the perils insured against, remains in specie and capable of repair or recovery, but at such an expense, or under such other conditions, that the insured may claim the whole amount of the policy upon abandoning the vessel to the underwriters. "An actual total loss is where the vessel ceases to exist in specie,
—becomes a 'mere congeries of planks,' incapable of being repaired; or where, by the peril insured against, it is placed beyond the control of the insured and beyond his power of recovery. A constructive total loss is where the vessel remains in specie, and is susceptible of repairs or recovery, but at an expense, according to the rule of the English common law, exceeding its value when restored, or, according to the terms of this policy, where 'the injury is equivalent to fifty per cent, of the agreed value in the policy,' and where the insured abandons the vessel to the underwriter. In such cases the insured is entitled to indemnity as for a total loss. An exception to the rule requiring abandonment is found in cases where the loss occurs in foreign ports or seas, where it is impracticable to repair. In such cases the master may sell the-vessel for the benefit of all concerned, and the insured may claim as for a total loss by accounting to the insurer for the amount realized on the sale. There are other exceptions to the rule, but it la sufficient uow to say that we have found no case in which the doctrine of constructive total loss without abandonment has been admitted, where the injured vessel remained in specte and was brought to its home port by the insured. A well marked distinction between an actual and a constructive total loss is therefore found in this: that in the former no abandonment is necessary, while in the latter it is essential, unless the case be brought within some exception to the rule requiring it. A partial loss is where an injury results to the vessel from a peril insured against, but where the loss is neither actually nor constructively total." Globe Ins. Co., v. Sherlock, 25 Ohio St. 50, 64; Burt v. Insurance Co., 9 Hun (N. Y.) 383; Carr v. Insurance Co., 109 N. Y. 504, 17 N. E. 369; Monroe v. Insurance Co., 52 Fed. 777, 3 C. C. A. 280; Murray v. Hatch, 6 Mass. 465; Livermore v. Insurance Co., 1 Mass. 264; Delaware, etc., Ins. Co. v. Gossler, 96 U. S. 645, 24 U Ed. 863 ; Wallenstein v. Insurance Co., 3 Rob. (N. Y.) 528.

— Constructive total loss. In marine insurance. This occurs where the loss or injury to the vessel insured does not amount to its total disappearance or destruction, but where, although the vessel still remains, the cost of repairing or recovering it would amount to more than its value when so repaired, and consequently the insured abandons it to the. underwriters. See Insurance Co. v. Sugar Refining Co., 87 Fed. 491, 31 C. C. A, 65.

A loss on account of which the assured is entitled to recover from the underwriter the whole amount of his subscription. Such a loss may arise either by the total destruction of the thing insured, or by such damage to it as renders it of little or no value. It is absolute when the subject wholly perishes, or its recovery is hopeless; and it is constructive when the subject is not wholly destroyed, but its destruction is rendered highly probable, and its recovery, though not utterly hopeless, is yet exceedingly doubtful.

Originally and literally, this phrase, used in insurance law, imports the entire destruction of the thing insured. But in the development of that branch of law, rules have become established, entitling the insured to collect tiie whole insurance money in various other cases, where the property is so injured as to i-ender it of little value; where it is taken from him, and so lost to him, though not destroyed; where he elects to abandon or relinquish to the insurer all that is left; and thus "total loss" has come practically to mean that degree of injury which is recognized as sufficient to entitle the insured to receive the whole insurance money. Total loss is either actual or constructive, — actual, when the thing is actually destroyed, or so damaged that it cannot ever arrive in specie at the is yet so great as to make the subject of it useless to its owner. When the subject of the insurance, though not wholly destroyed, is placed in such peril as to render the successful prosecution of the venture improbable, the insured may treat the case as a total loss, and demand the full sum insured. In such case, however, he must, within a reasonable time, give notice to the insurer of his intention, and of his abandonment to the insurer of all right in the thing insured. See 2 Steph. Com. 132, 133; Am. Mar. Ins. (Perk, ed.) 993; Crump Mar. Ins. § 330; 3 Kent Com. 318. Total loss, in liiarine insurance, signifies the total destruction of the thing insured, or such damage to the thing insured as renders it, though it may specifically remain, of little or no value to the owner. Livermore v. Newburyport Marine Ins. Co., 1 Mass. 264. An embargo or detention by a foreign friendly power constitutes a total loss, and warrants an immediate abandonment. And where there is a complete capture, at sea, of a neutral vessel by a belligerent, who takes full possession of the vessel as prize, and continues that possession to the time of the abandonment, there exists, in point of law, a total loss; and the act of abandonment vests the right to the thing abandoned in the underwriters, and the amount of insurance in the assured. Rhinelander v. Ins. Co. of Pennsylvania, 4 Cranch, 29. Damages to a vessel by any perils of the sea, on the voyage insured, which could not be repaired at the port to which such vessel proceeded after the injury, without an expenditure of money to an amount exceeding half the value of the vessel at that port, after such repairs, constitute a total loss. And the value of the vessel at the time of the accident, and at the place where the accident occurs, is the true basis of calculation. Patapsco Ins. Co. v. Southgate, 5 Pet. 604. s. p. Bradlie v. Maryland Ins. Co., 12 Pet. 378. The words total loss, in their literal sense, mean complete physical annihilation and destruction of the thing; but in a sense adopted in insurance, they signify a loss which is total to the owner; as where the goods are seized and taken away, or have been rendered worthless for the uses or purposes for which they are designed. Wallerstein v. Columbian Ins. Co., 3 Robt..528. Totidem verbis. In so many words; in those precise words. Toties quoties. As often as; as often as it may happen.

is a technical expression, and imports an utter loss of the property forthe voyage, and no more. 1T. R. 187. Vide Loss, and 2 Phil. Ev. 54, n.; 16 East, 214; Park’s Ins. Index, h. t.; Marsh. Ins. 486.