Mechanical Breakdown and Wear and Tear Exclusion—Not Applicable

We insure a commercial building and its business personal property on the commercial property form (CP 00 10 04 02) with “special” causes of loss (CP 10 30 04 02). The building's roof is failing as a result of old age.

Recently, rainwater came into the building through the roof. It did substantial damage to both the interior of the building and the contents. The insurer has denied all claims, citing the exclusion of “wear and tear.” We agree that no coverage exists for the roof. However, we believe the subsequent water damage to the interior and the contents should be covered.

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