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HomeInsurance CodeDiv. 2Pt. 1Ch. 1Art. 5§ 1963 Constructive Total Loss Definition

§ 1963 Constructive Total Loss Definition

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

§ 1963 Constructive Total Loss Definition

This law explains that when an insured person's property is considered a 'constructive total loss,' they can legally give up the property and claim the full insurance payment.

Key Takeaways

  • •A constructive total loss lets an insured person abandon the damaged property.
  • •It applies when repairing the property would cost more than it is worth.
  • •Abandoning the property allows the insured to receive the full insurance benefit.

Example

A homeowner's house is severely damaged by fire, and fixing it would cost more than the house is worth.

Because the damage makes the house essentially worthless to repair, the insurer treats it as a constructive total loss. The homeowner can abandon the ruined house and receive the full insurance payout instead of paying for repairs.

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

Official Source
View on CA.gov

§ 1963 Constructive Total Loss Definition

A constructive total loss is one which gives to a person insured a right to abandon, under section 1971. (Enacted by Stats. 1935, Ch. 145.)

Last verified: January 11, 2026

Key Terms

constructive total lossright to abandonsection 1971

Related Statutes

  • § 1969 Insurance Coverage For Total Losses
  • § 1970 Marine Insurance Abandonment
  • § 1960 Loss Classification: Total Or Partial
  • § 1961 Total Loss Types
  • § 1962 Actual Total Loss Causes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Insurance Code. Section 1963.
View Official Source