Wear-and-Tear Exclusion Applies to Gas Leak

April 1, 2004

LVT Number: 17217

Landlord sued its insurer when the insurer refused coverage for certain repairs caused by a gas leak. Under city law, the entire gas system of a building must be shut down for testing when a gas leak is discovered. Landlord claimed that the testing done in response to an initial gas leak caused additional leaks, which required more repairs. The insurer asked the court to dismiss the case without a trial. The court ruled for the insurer. Landlord appealed and lost. The insurer rejected landlord's claim based on exclusions for ordinary wear and tear and failure to maintain.

Landlord sued its insurer when the insurer refused coverage for certain repairs caused by a gas leak. Under city law, the entire gas system of a building must be shut down for testing when a gas leak is discovered. Landlord claimed that the testing done in response to an initial gas leak caused additional leaks, which required more repairs. The insurer asked the court to dismiss the case without a trial. The court ruled for the insurer. Landlord appealed and lost. The insurer rejected landlord's claim based on exclusions for ordinary wear and tear and failure to maintain. Landlord presented no proof that the additional leaks were caused by anything other than ordinary wear and tear.

Simkowitz v. Firemen's Fund Ins. Co.: NYLJ, 3/25/04, p. 29, col. 3 (App. Div. 1 Dept.; Tom, JP, Andrias, Ellerin, Gonzalez, JJ)

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