By Tim AkpinarWear and tear can be a tricky legal issue when it comes to examining damages to a boat. It’s not so much the general concept of wear and tear that’s confusing. The notion of a boat and its machinery being worn away with use is straightforward enough. Inside an engine, piston rings wear away as they slide up and down cylinder walls. Below the waterline, propeller blades rotating at high speed wear away as a result of cavitation. Boat owners accept this basic premise.
The tricky part comes when wear and tear arises in the realm of insurance claims. Here, the concept is sometimes used as a legal defense in denying property loss claims. Here’s an example. Let’s say a boat sinks. The owner is likely to view the sinking as a single catastrophic event, which appears to be a covered loss in an insurance policy. It could seem like an open-and-shut case.