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HomeInsurance CodeDiv. 2Pt. 1Ch. 1Art. 5§ 1961 Total Loss Types

§ 1961 Total Loss Types

Insurance Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1961 Total Loss Types

This law says that when something is a total loss, it can be either an actual loss or a constructive loss.

Key Takeaways

  • •A total loss can be real (the thing is gone) or constructive (repair costs exceed value).
  • •Actual loss means the item is completely destroyed.
  • •Constructive loss means keeping the item would cost more than its worth.

Example

Your car is in a crash and is completely wrecked, or the damage is so expensive that fixing it would cost more than the car is worth.

In the first case the car is an actual total loss because it's destroyed. In the second case it's a constructive total loss because it would be cheaper to write it off than to repair it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1961 Total Loss Types

A total loss is either actual or constructive. (Enacted by Stats. 1935, Ch. 145.)

Last verified: January 11, 2026

Key Terms

total lossactualconstructive

Related Statutes

  • § 1971 Constructive Total Loss
  • § 1974 Abandonment Invalid When Loss Not Total
  • § 1960 Loss Classification: Total Or Partial
  • § 1962 Actual Total Loss Causes
  • § 1963 Constructive Total Loss Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Insurance Code. Section 1961.
View Official Source