381.2. When a policy includes coverage for loss or damage to a specific item of personal property of the insured, which item is separately listed and described and on which item a separate amount of insurance is placed, the insurer shall compute any total loss of
such item of personal property as being the amount of insurance placed on it. In the adjustment of a partial loss or damage to such item of covered property, the separately listed amount of insurance applying to the specific item shall be used as the value of the item
prior to its partial loss or damage. If a different method is to be used in the computation of loss, the policy, and any application therefor, shall set forth, in type of prominent size, the actual method of such loss computation used by the insurer.
Re: Legal meaning of ‘totalled’ - Posted by John Merchant
Posted by John Merchant on January 26, 2005 at 20:20:08:
While you can find what the CA courts have said the phrase means (if they’ve ever ruled on the phrase), it’ll probably be necessary to go to the courthouse law library and check a couple of printed volumes in that library.
First, find CCCs (CA Statutes), the “Words and Phrases” volumes of that set,then find “Totalled” or “total loss” in the index in that set of books.
If it’s ever been discussed in any CA decision that will tell you what that court said the phrase means.
“Words and Phrases” volumes contain court decisions on whatever words and phrases have been in contention, so those are what the state court system says the phrase or words mean.
Next, find CA Digest, which is a short rendition of whatever CA decisions there have been on that issue…what those words or phrases mean, under CA law.
If you can find nothing in W&P, or CA Digest, then check to see what the Legal Dictionaries say it means, as far as insurance issues.
My Gilbert Legal Dictionary ('94) says this: “Total Loss…in fire insurance policies, the complete destruction of the bulding or property, so that there are no substantial remains to reconstruct or restore to the original condition.”
CA law may or may not have a different definition that some one or more CA courts have decided upon.