ABSTRACT

Section 55(2)(c) of the Act, which is of general application, declares that ‘the insurer is not liable for ordinary wear and tear’.54 However, its opening words allow exceptions to be made to the general rule; but so far there is no reported case where a policy is found to have departed from the general rule.55 Each of the ICC, including the ICC (A), which insures against ‘all risks’, has its own express provision, cl 4.2, excepting the insurer from liability for such a loss. An insurer of the ITCH(95) and the IVCH(95), however, has to rely on s 55(2)(c) for this exclusion.