October 13, 2010

Water Damage Claim Excluded by Wear and Tear Exclusion

This question concerns coverage on a BP 00 02 12 99. It is a typical water damage claim—a worn out roof (no wind or hail damage) with rain leaking into the building and damaging the ceiling.

The roof is clearly excluded due to wear and tear. The coverage for the interior damage is not as clear. Under the weather conditions exclusion, it appears that the interior damage would be excluded as the weather condition (rain) contributed to the loss with the wear and tear. What do you think?

Tennessee Subscriber

You are correct that the loss to the roof would not be covered due to wear and tear. Consequently, the interior damage also would not be covered. It was caused by a leaky roof that had suffered wear and tear. The weather conditions exclusion could apply but is not necessary as the wear and tear of the roof would prevent coverage.