Subrogated Insurer Can Assert Negligence Claim Against Developer, Panel Says

Subrogated Insurer Can Assert Negligence Claim Against Developer, Panel Says

SANTA ANA, Calif. - A subrogated insurer can proceed with its negligence and breach of contract claims against a developer because the Right to Repair Act, Civil Code Section 895, et seq., does not eliminate a property owner's common-law rights and remedies, a California appeals panel held Aug. 28, reversing a trial judge's ruling (Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC, No. G046731, Calif. App., 4th Dist., Div. 3; 2013 Cal. App. LEXIS 687).

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