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

https://zalma.com/blog 

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 \\u2018abnormal  wear and tear,\\u2019 but rather encompasses all \\u2018wear and tear\\u2019. See Lovell  v. State Farm Mut. Auto. Ins. Co., 466 F.3d 893, 902 (10th Cir.2006)  Applying Colorado law and holding that when the language used in an  insurance contract is plain and its meaning is clear, the agreement must  be enforced as written. The policy at issue unambiguously excludes  losses caused, \\u201cdirectly or indirectly,\\u201d by \\u2018wear 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. Whether deterioration be termed corrosion,  decay, or any one of several other synonyms, damage caused by contact  between the soil and foundation of the house is precisely the type of  loss the exclusion was meant to cover.  Water Damage  For water damage to be covered in most residential properties there must  first be damage to the roof by wind.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4