We have a consumer inquiry involving damage done to a rental property by a tenant. The dwelling was insured under a DP-3 form, 10/00 edition. The insurer determined that some of the damage was caused by “hard living” by the tenant. When questioned, the insurer defined hard living as wear and tear, deterioration and marring. The insurer found some of the damage appeared to be vandalism, but occurred at different times, so the insurer applied a deductible to each separate incident identified.

The DP-3 form does not appear to have any language that specifically identifies an occurrence, or that says a deductible applies to each occurrence. Further, there may be differing interpretations regarding what constitutes wear and tear.

We would appreciate your analysis so we may better advise the consumer.