FC&S has had a number of questions recently regarding roof repairs. The repair of the roof is straightforward as long as the damage is from a covered cause of loss. Where the issue gets complicated is when the damaged roofing is removed, only to reveal decking underneath that is worn and that must be repaired first before the roof can be replaced.

Is the repair to the decking part of the roof repair, or does the exclusion for wear and tear override that? This is the question we have received several times this year. Let's start by looking at the actual policy language.

Homeowners Policy

In the ISO HO 00 03 Homeowners policy, the exclusion for wear and tear appears in Section I Perils Insured Against Coverage A 2. "We do not insure, however, for loss: c. Caused by: (6) Any of the following: (a) Wear and tear, marring, deterioration…". This is the only place in the policy wear and tear is mentioned. The exclusion is not preceded by the anticoncurrent causation language – in some policies, it is, which makes a difference. The exclusion has an exception for damage resulting from accidental discharge or overflow of water or steam from within a storm drain, water, steam or sewer pipe or plumbing, heating, air conditioning, sprinkler system or household appliance. In general, this exception does not come into play when there is damage to the roof decking.

Commercial Policy

The CP 10 30 Special Causes of Loss form lists the wear and tear exclusion under B.Exclusions 2. "We will not pay for loss or damage caused by or resulting from any of the following: d.(1) Wear and tear…". Again, this language does not fall under the anticoncurrent causation language. The only exception applies to an excluded cause resulting in a "specified cause of loss" or building glass breakage, then that resulting damage would be covered. "Specified causes of loss" as defined include fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion, vandalism, leakage from fire extinguishing equipment, sinkhole, volcanic action, falling objects, weight of ice, snow or sleet or water damage. It is highly unlikely that wear and tear would result in any of the "specified causes of loss".

It makes sense that damage from wear and tear is excluded; insurance is not intended to cover general maintenance items. When the shingles are old and need replacing, that is the responsibility of the insured, the same way they are responsible for repainting the walls or replacing wall-to-wall carpet that has outlived its usefulness.

Hidden From View

There is other wording in the policy though that is important to the discussion at hand, and that is for damage hidden from view. In the homeowners policy, part of the covered perils for collapse includes the following: