One T Analyzes the Wear and Tear Exclusion at the GAPIA Meeting Next Tuesday

If Donald Trump can give out nicknames like candy on Halloween, then I officially declare Mathew Mulholland as “One T”! Now, for a dose of humor and knowledge combined, the Georgia Association of Public Insurance Adjusters (GAPIA) is hosting a seminar next Tuesday in Atlanta. And guess what? The star of the show, our very own “One T,” will be dissecting that oh-so-popular wear and tear exclusion. Bring your magnifying glasses, folks; it’s gonna be a detailed, can not miss conference.

A recent article, Wear and Tear Exclusions Worn and Torn, by insurance educator Bill Wilson, noted the intent of the wear and tear exclusion:

As the International Risk Management Institute (IRMI.com) said about a list of exclusions that included wear and tear, rust, corrosion, deterioration, latent defect, settling, cracking, shrinking or expansion, mechanical breakdown, marring, scratching, etc.: ‘The excluded perils in this group are characterized either by their predictable or expected occurrence. They are either the normal, unavoidable consequence of use of the property in question or detectable and preventable with proper maintenance.’

IRMI supports its interpretation by citing case law such as Contractors Realty Co. v. Ins. Co. of N. Am., 469 F.Supp. 1287, 1293 (S.D.N.Y. 1979) where the court opined that, ‘Losses due to normal wear and tear are not fortuitous … as such damage is inevitable.’

Similarly, in City of Burlington v. Indemnity Ins. Co. of North America, 332 F.3d 38 (2d Cir. 2003) the court explained: ‘Normal wear and tear … is not an insurable risk, but is a certainty.’

Black’s Law Dictionary defines wear and tear to mean, ‘[D]eterioration or depreciation in value by ordinary and reasonable use of the subject matter.’ In other words, these exclusions apply to long-term damage that occurs through the natural use of property, the damage being gradually incurred through routine, frequent use.

The current trend by property insurance company claims departments is to ignore the basis for the exclusion and overuse the exclusion. GAPIA’s addressing of this topic is extremely timely and needed. 

Here is the agenda:

Up to Seven Continuing Education Credits Will Be Earned for this Event. One per Session. All attendees must register in advance to attend.  
 
Members may attend the conference in-person for $200. The charge for non-members is $400.00 for in-person attendance. There will be no online broadcast of this event. Join GAPIA Today and Save $$ on GAPIA Conferences.

Sonesta Atlanta NW Galleria Hotel
6345 Powers Ferry Road, Berkshire Room
Atlanta, GA 30339
770-955-1700

Introduction 8:30 AM – 9:00 AM
Chris Cole, President, GAPIA, Inc
 
Session 1  9:00 AM – 9:50 AM

Chip Merlin, Merlin Law Group 

Would You Hire You?

 Session 2  9:50 AM– 10:40 AM
Brandon Lewis, Strategic Claim Consultants
Post Loss Duties-How to keep your client’s claim in compliance

Sponsor 1 – 10:40 to 10:50 AM Design Core Construction

Break, 10:50 AM -11:00 AM
 
Session 3  11:00 AM – 11:50 AM
Remington Huggins, Esq., Huggins Law Firm
Interpreting Commercial Insurance Policies
 
Elections – 11:50 PM – 12:00 PM

Lunch Break 12:00 AM to 1:00 PM

Session 4 12:15 PM to 1:05 PM

Ryan Hajjar and Joey Amelio, RR Restoration

What the Smell?! Everything Odor

Sponsor 3 1:05 to 1:15– Merlin Law Group

Break: 1:15 PM to 1:25 PM

Session 5  1:25 PM to 3:20 PM ( With 10 minute break at 2:15)
Chris Cole, Survive Your Claim

Ethics of Negotiation

Sponsor 2 3:20 PM to 3:30 PM, Huggins Law Firm

Session 6  3:30 PM – 4:20 PM
Mathew Mulholland, Listen to the Bull
Wear & Tear Used to Improperly Deny Claims

4:40 PM Presentation of GAPIA Video for GAPIA Member’s Use 

Public Adjuster Questions and Answers and Conference Wrap Up 4:30 PM – 5:00 PM
Chris Cole, President, GAPIA, Inc.

I noted the importance that GAPIA played in preserving the public adjusting trade in Anita Taff—Public Adjuster Spotlight. All Georgia public adjusters should support GAPIA by attending this important conference. Having One T provide a seminar on the Wear and Tear Exclusion should make this a mandatory can’t miss event. I hope to see you there. 

Here is a link for registration. 

Thought For The Day 

Education is the most powerful weapon which you can use to change the world.

—Nelson Mandela