§ 1960 A loss is either total or partial.
§ 1961 A total loss is either actual or constructive.
§ 1962 An actual total loss is caused by:(a) A total destruction of the …
§ 1963 A constructive total loss is one which gives to a person insured a …
§ 1964 An actual loss may be presumed from the continued absence of a ship …
§ 1965 When a ship is prevented, at an intermediate port and by the perils …
§ 1966 In addition to the liability mentioned in section 1965, a marine …
§ 1967 Upon an actual total loss, the insured is entitled to payment without …
§ 1968 Where it has been agreed that an insurance upon a particular subject …
§ 1969 When insurance is confined in its terms to an actual total loss, it …
§ 1970 Abandonment, in marine insurance, is the act of the insured by which, …
§ 1971 In marine insurance, after abandonment of the subject matter of …
§ 1972 An abandonment can not be either partial or conditional.
§ 1973 An abandonment can be made only at a time limited by all of the …
§ 1974 Where the information upon which an abandonment has been made proves …
§ 1975 Abandonment is made by giving oral or written notice thereof to the …
§ 1976 A notice of abandonment shall be explicit, and shall specify the …
§ 1977 An abandonment can be sustained only upon the cause specified in the …
§ 1978 An abandonment is equivalent to a transfer to the insurer of the …
§ 1979 Whenever a marine insurer pays for a loss as if it were an actual …
§ 1980 Upon an abandonment, acts done subsequent to the loss and in good …
§ 1981 An acceptance of an abandonment is not necessary to the rights of the …
§ 1982 The acceptance of an abandonment, whether express or implied, is …
§ 1983 An abandonment once made and accepted is irrevocable, unless the …
§ 1984 On an accepted abandonment of a ship, freightage earned previous to …
§ 1985 If an insurer refuses to accept a valid abandonment, he is liable as …
§ 1986 If an insured omits to abandon, he may nevertheless recover his …
§ 1987 (a) A valuation fraudulent in fact entitles a marine insurer to …
§ 1988 In a case of partial loss, a marine insurer is liable only for such …
§ 1989 Where profits are separately insured in marine insurance, in case of …
§ 1990 In case of a valued policy of marine insurance on freightage or …
§ 1991 When profits are valued and insured by marine insurance, a loss of …
§ 1992 In estimating a loss under an open policy of marine insurance, the …
§ 1993 If cargo insured against partial loss arrives at the port of …
§ 1994 A marine insurer is liable for all the expense attendant upon a loss …
§ 1995 In marine insurance, when an insured is required to make a …
§ 1996 In marine insurance, where an insured has a demand against others for …
§ 1997 In the case of a partial loss of a ship or its equipments, the old …

Terms Used In California Codes > Insurance Code > Division 2 > Part 1 > Chapter 1 > Article 5 - Loss in Marine Insurance

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: includes city and county. See California Health and Safety Code 14
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.