Florida policies often exclude gradual damage from age and use. Wear & tear exclusions in property insurance can affect roofs, pipes, floors, and windows. At Kuhn Raslavich, P.A., our property insurance claims attorneys help clients understand where normal aging ends and a covered accident begins.
How These Exclusions Work In Property Insurance
Policies aim to cover sudden, accidental loss. Age-related problems, such as rusted pipe pinholes or brittle shingles, may fall under the categories of “wear and tear, rust, or corrosion.” Carriers often cite these phrases when denying claims tied to long-term deterioration. Florida homeowners’ insurance policies typically exclude coverage for damage caused by rust, corrosion, or wear unless specific endorsements are included.
Even if an insurer denies your claim due to those exclusions, Florida’s claim-handling rules still apply. Insurers must acknowledge claim communications within seven days, send any adjuster estimate within seven days after it is generated, and pay or deny claims within 60 days, with interest accruing if payment is late. Our attorneys will hold carriers to those deadlines while we evaluate the exclusion.
Separating Excluded Wear From a Covered Loss
A covered wind event can still damage a worn roof. An old pipe can still burst suddenly. The key is cause and timing. Photos, inspection notes, and contractor statements can show a single, abrupt break rather than slow decay. Florida’s mediation statute provides a non-adversarial forum for resolving disputes over the cause of the loss and the application of the exclusion. We may request mediation if the file meets the criteria, and we will prepare the claim file so the decision focuses on facts and policy language rather than assumptions about age.
Evidence works best when organized from the start. Photos should track each room and material; moisture readings should be tied to dates; and contractor notes should identify the part that failed. When the record shows a sudden rupture or wind-driven opening, coverage arguments gain strength even if the building had ordinary wear elsewhere. Our lawyers will also compare the carrier’s estimate to the physical signs of impact, looking for cues such as sharp fracture lines, fresh displacement, or newly loosened sealant that point to abrupt damage rather than slow deterioration.
What to Do If the Carrier Cites Wear & Tear
You can request the detailed estimate and a written explanation connecting the exclusion to the facts. Florida’s “Homeowner Claims Bill of Rights” lists these rights. We will press for the estimate, the notes behind it, and any inspection photos used to support the denial so that the record can be thoroughly reviewed. We will hold the carrier to the seven-day acknowledgment rule and the seven-day estimate delivery rule while we assemble counter-evidence that shows a sudden, accidental cause.
Clear causation often turns the outcome. Roofs age, and grout dries out. However, a sudden wind, impact, or pressure surge can convert ordinary wear into a covered loss when the peril, rather than aging, causes the damage.
We will document that sequence, invoke mediation when appropriate, and press for timely payment where the policy supports coverage. Our legal team will compare the carrier’s findings to your evidence and challenge overbroad use of exclusions so the claim receives a fair, timely decision under Florida rules.
How Kuhn Raslavich, P.A. Will Approach Wear & Tear Exclusions In Property Insurance
We will read the policy endorsements, check the age of the plumbing, roof, or other component that failed, and determine if a sudden, covered peril caused the damage. We will also utilize Florida’s timelines and mediation tools to advocate for a fair decision when a carrier relies solely on wear & tear exclusions in property insurance. Find out more about how we can help by calling Kuhn Raslavich, P.A., at 877-352-7767 or scheduling a free consultation online.
FREQUENTLY ASKED QUESTIONS (FAQ):
What are Wear & Tear Exclusions in Property Insurance in Florida?
These exclusions typically deny coverage for gradual damage caused by age, rust, or corrosion. Florida policies are designed to cover sudden, accidental loss, not long-term deterioration of items like pipes, roofs, or grout.
How do you separate excluded wear from a covered loss?
The key is cause and timing. Evidence, such as contractor notes and photos, must demonstrate that the damage was caused by a sudden, abrupt event (like a wind-driven opening or a pressure surge) rather than slow decay, even if the damaged component was already worn.
What steps should I take if my carrier cites a Wear & Tear Exclusion?
You should request the detailed estimate and a written explanation connecting the exclusion to the facts, as outlined in Florida’s Homeowner Claims Bill of Rights. You can then assemble counter-evidence showing a sudden, accidental cause and, where appropriate, invoke Florida’s mediation process.