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Wear and tear denial tactic
Insurer Tactic

The wear-and-tear denial defense

Most Florida homeowner policies exclude damage from normal wear and tear. Carriers use this exclusion aggressively: applying it to storm damage, sudden water losses, and even legitimate catastrophic claims. Defeating a wear-and-tear denial requires documenting the specific event that caused the damage.

How the defense works

Carrier argues: "This damage isn't from a covered event: it's the result of gradual deterioration, normal aging, or failure to maintain." The exclusion supports denial regardless of what actually happened.


Where it's commonly invoked

  • Roof claims after named storms. Shingle damage attributed to age, not wind.
  • Water damage from plumbing failures. Slow deterioration of pipes claimed.
  • Siding and paint after hurricanes. Normal fade/wear cited as the cause.
  • HVAC or appliance failures. Age-related, not covered peril.

Examination under oath strategy

How to counter

Establish timeline

  • Pre-event condition documented (maintenance records, prior photos, inspection reports)
  • Post-event condition documented immediately (same-day photos if possible)
  • The gap between the two = damage attributable to the event

Establish the event

  • Weather data for the specific date (NWS, NHC for storm events)
  • Neighborhood damage patterns (did other homes experience similar damage?)
  • Local news reports of the event
  • Any first-notice documentation with the carrier

Establish the physical signature

  • Wear-and-tear damage has specific patterns (uniform age-related wear)
  • Event damage has specific patterns (directional wind damage, impact damage, water-flow patterns)
  • An independent engineer or qualified contractor can distinguish

Rebut the carrier's report

  • If an engineer report supports the carrier's wear-and-tear position, evaluate it critically (see Engineer Report Bias tactic)
  • Counter with independent expert opinion

Related

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