Can any hackers help me understand this total loss clause in my Nissan lease contract regarding the refund of the down payment? It’s a monthly lease. The first part seems to suggest that Nissan will refund a part of the down payment in the event of a total loss, but later it seems to contradict itself by denying any refund of the down payment. Thanks in advance!
Yup.
Nope. Look at the second part again…
IF this vehicle is stolen (and not recovered) or destroyed, we will accept insurance loss proceeds in full satisfaction of your early germination liability IF you are incompliance with the following 1)…; and here is the kicker… 2) your policy covers the casualty …
In the first part, you have paid the early termination liability and will be entitled to a refund of all or part of your CCR IF the insurance proceeds exceed your paid early termination obligation.
In the second part, you’ve paid nothing, not even early termination charges as your insurance carrier has covered the entire loss. You paid nothing and you’re owed nothing.
Think about it, you’re off the hook… your insurance carrier has paid for the entire loss (except deductible… you can’t recover the deductible… that’s on you) yet you’re asking them for all or part of your CCR. You’re overreaching and that ain’t gonna happen. You can’t have it both ways. 
EDIT: Hopefully, this will provide some insight as to why it’s never s good idea to put one’s own cash/trade toward a cap reduction. If the car is stolen or totaled, you may only recover part of your cap reduction or none at all. Also, a car is a depreciating asset, not an investment.
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