...total loss cases and thus, are inapplicable to the instant case, which involves claims of total loss. Furthermore, we do not consider persuasive the two Louisiana District Court cases cited by the homeowners, as these unpublished cases provide no helpful analysis. 182 La. 551, 162 So. 177. No. 6829, 1917 WL 1628 (La.App. Jan. 9, 1917). A "constructive total.... See Hart, 162 So. at 180 (finding a constructive total loss when building was 75% destroyed by fire, rendering it useless, and thus, demolished by city order); Briede, 1917 WL...constructive total loss). In both Langston v. La. Citizens Prop. Ins. Corp., No. 53-219, slip op. (La. 25th Jud...

...Plaintiffs' home was damaged prohibited Plaintiffs from repairing the damage, giving rise to a constructive total loss. The logic of the constructive total loss cases is that an insurance policy insures...are the ones asserting the claim that their home was a total loss or constructive total loss from damage caused by Hurricane Ivan, and to the extent they wanted to argue that it would not be cost.... Plaintiffs' eighth point (Motion for Rehearing, pp. 7-8) attacks in sweeping terms the Court's determination that "[i]t is undisputed that the Plaintiffs' home was not rendered a total loss following...

.... v. Houle, 96 N.H. 30, 69 A.2d 696 (1949). The rationale of such cases is that the insured has suffered a constructive total loss. However, the cases to...several consolidated fire loss cases, one of which involved a policy containing a clause similar to the one in effect here, while the rest did not. The court applied the constructive total loss rationale in.... That case, however, is distinguishable from the case at bar. Feinbloom involved a total loss, albeit constructive, to the entire insured property. Here, the Plaintiff's loss, in...

...better indemnity for a loss by fire than the cost of repairs on the building, that cannot be made safe by any repairs? A total loss may be claimed though the walls of a building stand and the elements that composed it be not entirely consumed. It is the same, we think, when the insured building cannot be made secure by repairs. Nor will it make any difference in such cases of constructive total.... In the second place, we think that the clause relied upon by defendants was intended to apply to cases of partial destruction and not to cases of total loss, where the measure of recovery is the...and remove the building in accordance with the notice which had been served upon her. The contention of Mrs. Rutherford was that she sustained a total loss of the building as the...

...days, and very often comes to much the same sort of thing" as a compromised total loss. Despite the absence of a more precise definition, it is clear that plaintiff has failed to introduce sufficient evidence to demonstrate that the hull underwriters and the owner of the M/V Megara compromised or arranged a constructive total loss. The parties have cited only English cases and...at least arguably a constructive total loss. Plaintiff does rely on a group of English cases involving hull reinsurance, principally Street v. Royal Exchange Assurance, 18..., "total or constructive total or compromised or arranged total loss of vessel only caused by or arising from perils under the American Institute Time (Hulls) January 1, 1964 Form...

..., 56 L.R.A. 784, the court said: "A total loss may be claimed though the walls of a building stand, and the elements that composed it be not entirely consumed. It is the same, we think, when the insured building cannot be made secure by repairs. Nor will it make any difference, in such cases of constructive total...contention, of course, is based upon the false premise that a building must be absolutely or physically destroyed by fire, in order to constitute a total loss. Such is not the uniform and established doctrine, as shown by the numerous cases above cited in this opinion, since a constructive total...actual total physical loss of the thing insured, or whether there may be a constructive total loss; whether there must be demolition and annihilation, or whether a destruction of all...

...applied. II. A. Failure to Tender Abandonment Magnum Marine first suggested the constructive total loss provision as a basis of liability after closing arguments had concluded (R5:249-250). A brief sketch of admiralty law highlights why this late suggestion produced a record that does not address the points usually contested in cases of...shall be no recovery for a constructive Total Loss under this Policy unless the expense of recovering and restoring the Vessel (as insured hereunder) to the stage of her construction at time of loss...vessel results in one of three conditions: (1) actual total loss, (2) constructive total loss, or (3) partial loss. Under the policy here...

...United States in the case last cited, the Missouri statute was mandatory and controlling. We find nothing in our own laws making the provisions of the code defining a constructive total loss, in the case of marine insurance, mandatory upon the parties. Appellant has cited no cases so...adjustment of the loss in this case, the court instructed the jury that the question of plaintiff's right to recover under his claim of a constructive total loss must be determined by the laws and...customs of England, and that under such law there is a constructive total loss of a ship only when the cost of repairs exceeds the value of...

...declared the building a "constructive total loss" and held the insurer liable for the building's entire value. E.g., Feinbloom v. Camden Fire Ins. Co...Regency asserts was its insured loss. Part of the roof collapsed under standing water because the entire roof was installed with trusses upside down. A settlement was made on the basis of replacing the...properly concluded that, under the policy, the amount payable was "the replacement cost of the property damaged or destroyed at the time of loss without deduction for depreciation," which amount was paid...

...Commonwealth there can be no total loss of a memorandum article, if any part of it arrives at the port of discharge in specie." It would subserve no useful purpose to attempt a review of the English cases on this subject. If in England a plaintiff may recover for a constructive total...that the defendant was not liable for a constructive total loss; that the transhipment of the cargo at Key West, though made by the underwriters as he thought it was, did not, under the circumstances...views expressed by the court, plaintiff was entitled to a finding that there was a constructive total loss. Accordingly a verdict was directed for $2500, and a special verdict "that there was a...

...ground that the policy had ceased to be in force, and that in any event the Portmar did not become a "constructive total loss," so that they were liable at most for only a partial loss. We decided that...should be for a "constructive total loss," or for a partial loss. We need not describe in detail the general situation, which Judge Ryan very fully set forth in 124 Findings of Fact. Of these Nos. 84...reading as follows: "No recovery for a Constructive Total Loss shall be had hereunder unless the expense of recovering and repairing the vessel shall exceed the insured value." The two other clauses were...

.... However, the insurance contract between State Farm and Fuller contains no such provision regarding the value to be applied in constructive total loss calculations, and hence, the general rule applies. For examples of cases in...construed this policy term to mean either an "actual" total loss or a "constructive" total loss. Fuller v. State Farm Fire Casualty Co., 721.... See, e.g., Magnum Marine Corp., N.V. v. Great American Insurance Co., 835 F.2d 265, 267 n. 5 (11th Cir. 1988). Under the "American rule," a constructive total loss occurs when the cost to repair...

...that the probable cost of salving and repairing the vessel is in excess of 50% of the agreed value of $240,000, he may recover for a constructive total loss on both policies. The respondent does not dispute the American 50% rule, but contends that it has no application where the insured res reaches or is at the terminus ad quem specified in the policy. Various early cases dealing...Gray, Mass., 73, may be taken as examples. In these cases, it was held that there could be no recovery for a constructive total loss where any, considerable part of the goods, though less than half in value, was landed at the port for which they were shipped. I think there is a clear distinction between cases of...than 50% of her agreed value. He accordingly tendered abandonment to the respondent on September 29, 1938, and made claim for a constructive total loss under both policies. This tender was refused by...

...support a finding of total loss). In district court USF G argued that Algernon had the duty to appeal the demolition order in order to recover. As noted above, it has abandoned this argument on appeal. In attempting to prove that a municipal demolition order does not conclusively establish a constructive total loss, appellant cites three cases in...raised on this appeal is whether the Metro Government's demolition order rendered the subject property a constructive total loss at law. According to the documents filed in...by Algernon Blair Group, Inc. and a formal demand for payment by U.S.F. G in the amount of $5,000,000 for the total loss of the property which U.S.F. G insured in Nashville, Tennessee. If you wish us...

...statement found in the opinion that "in the United States the general rule is that a damage exceeding 50% justifies abandonment and recovery as for constructive total loss. Marcardier v. Chesapeake Ins. Co., supra; LeGuidon (Paris, 1831), Chapter 7, Article 1; Chapter 5, Article 8. But this principle is not applicable to memorandum articles in respect of which the exception of particular average excludes a constructive total loss." The opinion makes no allusion to the Massachusetts cases here...constructive total loss, although not actually total, when the insured has the right to abandon the vessel, and this right inures to him if the cost of repairing the vessel exceeds one-half her value...assured in the sum of $2,400 "on bills and disbursements free of particular and general average," if equivalent to "against total loss only," includes constructive total loss. p. 417...

...antecedent defect in the building made repairs impractical; nonetheless the court found "it [made no] difference, in such cases of constructive total loss, that the condition after the fire is due in part to...supreme court held "was based upon the false premise that a building must be absolutely or physically destroyed by fire, in order to constitute a total loss. Such is not the uniform and established doctrine, as shown by . . . numerous cases . . . since a constructive total...). All the plaintiffs in the federal cases, except for a few, insisted that the VPL requires an insurer to pay the full face value in the event of a total loss "even if the 'total loss' is due to an...

...for constructive total loss purposes); Sharpe and Acomb, Damages Recoverable in Collision and Standing Cases, reprinted in Damages Recoverable in Maritime Matters, ABA Standing Comm. on...and then survey the applicable law. In this instance, the magistrate determined that the barge was a constructive total loss. The applicable law is not in doubt...figures. In the case of a vessel — as in the case of virtually any chattel — a constructive total loss occurs when the cost of repairing the ship is greater than its fair...

...VII (V)(2) of the policy; 44 C.F.R. pt. 61, app. A(1)-(2)(J)(4), art. II(A)(12). By utilizing the "constructive total loss doctrine," the district court overrode these requirements. It is of some moment also that the "constructive total loss doctrine" finds support only in value policy cases involving...created "constructive total loss doctrine." See Greer v. Owners Ins. Co., 434 F.Supp.2d 1267, 1279 (N.D.Fla. 2006). In Greer, it was...said that a "constructive total loss occurs when a building, although still standing, is damaged to the extent that ordinances or regulations in effect at the time of the damage actually prohibit or...

...misconstrued the VPL in holding that "if the insurance carrier has any liability at all to the owner for a building damaged by a covered peril and deemed a total loss, that liability is for the face amount of the policy." Mierzwa, 877 So.2d at 775-76. Id. at 821. Importantly, the Court expressly limited its holding "to only those cases in which a covered peril did not cause a total loss or constructive total...evidence, which the jury accepted, that the wind damage, a covered peril under their homeowners policy, caused a total loss or constructive total loss of their home, so that under Florida's Valued...closing argument, the Mathises argued that their house was a constructive total loss and could not be repaired. Florida Farm argued that the house was not a total loss and that the second floor could...

.... We limit our holding to only those cases in which a covered peril did not cause a total loss or constructive total loss...BUILDING DEEMED A TOTAL LOSS WHEN THE BUILDING IS DAMAGED IN PART BY A COVERED PERIL BUT IS SIGNIFICANTLY DAMAGED BY AN EXCLUDED PERIL...Panhandle. The Coxes' home was considered a total loss and suffered both wind and flood damage. The Coxes had a homeowners' policy valued at $65,000 with Florida Farm Bureau Casualty Insurance Company...