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.