Our insured owns an apartment complex. We have replacement cost coverage on the commercial property policy with the special causes of loss form attached.

Recently our insured rented one of the units to a very large individual. The tenant stepped into the bathtub/shower enclosure, and due to his excessive weight, he cracked the floor area of the tub. During the ensuing shower, there was extensive damage to the apartment below. The crack required replacement of the shower/tub unit, as well as clean-up of the damage.

The insured turned in a claim to the carrier for replacement of the shower unit, and repair of the ceiling in the apartment below. The carrier has offered to pay for the ceiling damage, however, it has denied coverage of the shower enclosure due to the "wear and tear" exclusion. The shower unit was six months old. Inasmuch as the unit was relatively new, and the damage sudden and accidental, we feel there should be coverage for this loss.

Iowa Subscriber

The damage to both the ceiling and shower unit should be covered. The wear and tear exclusion is not applicable to a loss of this type, particularly where the unit was almost new. The wear and tear exclusion is one of a number of exclusions in the commercial property's special causes of loss form that eliminate coverage for what are essentially "non fortuitous" losses, i.e., losses that are certain to happen, and as such are not appropriate subjects for insurance coverage. If you use something long enough, it will wear out. This is not an insurable event.

However, a sudden and accidental breaking of a six-month old shower unit by a "very large" individual is not "wear and tear." It may be that the stall was not manufactured strong enough to hold this person, but that does not bring it under the "non fortuitous" loss exclusions, such as wear and tear.

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