Butki v. United Services Automobile Association

In Butki v. United Services Automobile Association (1990) 225 Cal. App. 3d 464, an insured suffered a loss due to corrosive soils; the insurer denied the claim for benefits based on the policy's exclusion for deterioration and wear and tear. The insured argued the exclusion was contrary to law and public policy. The court rejected that argument, finding "an insurer may exclude loss caused by certain perils from coverage, and nothing in the nature of an 'all risk' policy, Supreme Court precedents, or Insurance Code section 530 suggests an insurer is precluded from excluding losses caused by deterioration and wear and tear." (Id. at pp. 467-468.)