California Court of Appeal
Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, G046731
Dismissal of plaintiff-insurer's subrogation action against defendant-builder for expenses it paid for its insured when a pipe in the newly constructed home's sprinkler system burst, is reversed and remanded, where: 1) the Right to Repair Act does not eliminate a property owner's common law rights and remedies, otherwise recognized by law, where, as here, actual damage has occurred; 2) this action is therefore not time-barred by the statute of limitations contained in the Right to Repair Act; and accordingly, 3) defendant-insurer's complaint in subrogation, based on its insured's right to recover actual damages, states causes of action.
Appellate Information
- Decided 08/28/2013
- Published 08/28/2013
Judges
- FYBEL
Court
- California Court of Appeal