California, United States of America
The following excerpt is from Los Angeles Mut. Ins. Co. v. Cawog, 106 Cal.Rptr. 307, 30 Cal.App.3d 378 (Cal. App. 1973):
'From its very nature such a provision can only take effect when the actual loss is partial and less than the amount of the insurance; and in effect it brings to a partial loss the situation which necessarily obtains in the case of a total loss where the owner has insured his property for less than [30 Cal.App.3d 386] its actual value.' (Templeton v. Insurance Co. of North America, Supra, 201 S.W.2d 784, at 786.)
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