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A video explaining exceptions for inherent vice, latent defects and wear



See the full video at https://youtu.be/zGHcpyD2kQQ [195659003] Inherent Vice

Inherent vice relates to internal degradation or any quality that causes the object's own damage or destruction, not a foreign cause. [ Employers Casualty Company v. Holm 393 S.W. 2d 363, 367 (Tex. Civ. App. 1965).] The subjective test for fortity raises questions about whether the inherent vice exclusion is effective.

L atent Defect

A latent defect is a defect that could not be detected by any known or common test. General Motors Corp. mot Olancho 220 F. 2d 278, 2d. Cir. 1955. Analysis indicates that the latent defect and the inherent vice exclusions are attempts to embody the need for security in the policy text. An insurer can only reasonably be expected to insure against a possible or unknown risk of loss.

W ear and tea r

Exclusion of wear, perhaps because it is so obvious, has seldom been the subject of appeal. The phrase has been defined as:

[C] When we interpret the words "wear and tear" in their common use every day, we are convinced that the words. . . simply means only the ordinary and natural deterioration or abrasion that an object experiences through its expected contacts between its components and external objects during the natural life expectancy. Cyclops Corporation v. The Home Insurance Company 352 F. Supp. 931 (W.D. Pa. 1973). Catalog


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance management, insurance claims and insurance fraud almost equal for insurers . He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

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https://zalma.com/zalmas-insurance-fraud-letter-2/ Last read two issues of ZIFL here.

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