LOSS. When used in a statute with ref. erence to a loss of goods by common carriers, loss means injury or damage to the goods, as well as their destruction or disappearance; Hawkins v. Haynes, 71 Ga. 40 ; Richmond & D. R. Co. V. White & Co., 88 Ga. 805, 15 S.
E. 802.
In Insurance. The destruction of or dam age to the insured subject by the perils in sured against, according to the expresi pro visions and construction of the contract.
These accidents, or misfortunes, or perils, as they are usually denominated, are all distinctly enumer ated in the policy. And no loss, however great or unforeseen, can be a loss within the policy unless it he the direct and immediate consequence of one or more of these perils. Marsh. Ins. 1, c. 12.
Loss under a life policy ie the death of the sub ject by a cause the risk of which Is not expressly excepted in the policy, and where the loss is not fraudulent, as where one assured, who insures the life of another for his own benefit, procures the death.
Loss in insurance against fire must, under the usual form of policy, be by the partial or total de struction or damage of the thing insured by fire. In maritime insurance, in which loss by fire is one of the risks usually included, the loss insured against may be absolutely or constructively total, or a partial or general average loss, or a particular average. See AVERAGE.
In other forms of insurance what constitutes a loss is determined by the risks or perils insured against as specified in the policy. As to the various kinds of which see the subtitles of INSURANCE.
A partial loss is any loss or damage short of, or not amounting to, a total loss: for if it be not the latter it must be the former. See Brewer v. Ins. Co., 12 Mass. 170, 7 Am. Dec. 53 ; Tucker v. Ins. Co., 12 Mass. 288; Gracie v. Ins. Co., 8 Johns. (N. Y.) 237; Law v. Davy, 2 S. & R. (Pa.) 553.
Partial losses are sometimes denominated average losses, because they are often in the nature of those losses which are the subject of average contributions ; and they are dis tinguished into general and particular aver ages. See AVERAGE.
A total loss is such destruction of, or dam age to, the thing insured that it is of little or no value to the owner.
Total losses, in maritime insurance, are absolutely such when the entire thing per ishes or becomes of no value. Constructively, a loss may become total where the value re maining is of such a small amount that the whole may be surrendered. See 2 Phill. Ins. ch. xvii. ; Hamburg-Bremen Fire Ins. Co. v. Garlington, 66 Tex. 103, 18 S. W. 337, 59 Am. Rep. 613 ; Natchez & N. 0. P. & N. Co. v. Louisville Underwriters, 44 La. Ann. 714, 11 South. 54., Insurers are not liable upon memorandum articles except in case of actual total loss, and there is no such actual total loss when such articles have arrived in whole or in part at the port of destination ; Washburn & Moen Mfg. Co. v. Ins. Co., 179 U. S. 1, 21 Sup. Ct. 1, 45 L. Ed. 49. See ABANDONMENT.
It is under marine policies that questions of constructive total loss most frequently arise. Such loss may be by capture or sei zure by unlawful violence, as piracy ; 1 Phil. Ins. § 1106; 2 E. L. & E. 85 ; or damage to ship or goods over half of the value at the time and place of loss ; Bullard v. Ins. Co., 1 Curt. C. C. 148, Fed. Cas. No. 2,122 ; Gree ly v. Ins. Co., 9 Cush. (Mass.) 415 ; or loss of the voyage ; De Peyster v. Ins. Co., 19 N. Y. 272, 75 Am. Dec. 331; 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 ; Judah v. Ran dal, 2 Caines, Cas. (N. Y.) 324; Valin, tom. 2, tit. Ass. a. 46 ; or by jettison ; Maggrath & Higgins v. Church, 1 Caines (N. Y.) 196, 2 Am. Dec. 173 ; or by necessity to sell on ac count of the action and effect of the peril insured against ; Marshall v. Ins. Co., 4 Cra. (U. S.) 202, 2 L. Ed. 596 ; or by loss of in sured freight consequent on the loss of cargo or ship ; Whitney v. Ins. Co., 18 Johns. (N. Y.) 208.