Exclusions for Wear & Tear, Depletion, Deterioration, Rust, Corrosion and Erosion, and Water Damage

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The wear and tear exclusion, perhaps because it is so obvious, has seldom been the subject of appellate review. The exclusion for wear and tear is not, however, as argued by the insured, limited to ‘abnormal wear and tear,’ but rather encompasses all ‘wear and tear’. The policy at issue unambiguously excludes losses caused, “directly or indirectly,” by ‘wear and tear, marring, scratching, deterioration.

Deterioration, depletion, inherent vice or latent defect, rust or corrosion, mold, wet or dry rot, erosion

The plain meaning of the exclusion is the insurer will not cover slow-moving disintegration or corrosion of the concrete foundation because of external forces. 

Water Damage

For water damage to be covered in most residential properties there must first be damage to the roof by wind.