Actual Total Loss

Legal Definition and Related Resources of Actual total loss

Meaning of Actual total loss

In marine Insurance the complete destruction of the insured vessel, so that it cannot be recovered or repaired, as distinguished from constructive total, which authorizes an abandonment to the underwriters. 25 Ohio St. 64. See “Abandonment.”

What does Actual total loss mean in American Law?

The definition of Actual total loss in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

See total loss.

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This definition of Actual Total Loss Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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English Legal System: Actual Total Loss

In the context of the English law, A Dictionary of Law provides the following legal concept of Actual Total Loss : (in marine insurance)

A loss of a ship or cargo in which the subject matter is destroyed or damaged to such an extent that it can no longer be used for its purpose, or when the insured is irretrievably deprived of it. If the ship or cargo is the subject of a *valued policy, the measure of indemnity is the sum fixed by the policy; if the policy is unvalued, the measure of indemnity is the insurable value of the subject insured.

Compare constructive total loss.

Actual Total Loss in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Actual Total Loss, produced by Tetley, in the context of admiralty law: [Translation of Actual Total Loss in French: “perte totale réelle” or “perte totale et réelle”] [Translation of Actual Total Loss in Spanish: “pérdida total real”] [Translation of Actual Total Loss in Italian: “perdita totale reale”] [Translation of Actual Total Loss in German: “tatsächlicher Totalschaden”] – An actual total loss occurs when:

(1) the insured property is completely destroyed; or

(2) the assured is irretrievably deprived of the insured property; or

(3) cargo changes in character so that it is no longer the thing that was insured (e.g. cement becomes concrete); or

(4) a ship is posted “missing” at Lloyd’s, in which case both the ship and its cargo are deemed to be an actual total loss.

See Marine Insurance Act, 1906 (U.K.) sect. 57. See Tetley, Int’l. M. & A. L., 2003 at pp. 606-606.


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