What is the statute of limitations for a property damage subrogation action in californoa
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What is the statute of limitations for a property damage subrogation action in californoa
Seoond question Does the statute run from the date of the property damage or the
date the insurer pays the insured?
Asked on June 21, 2018 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It runs from the date of the damage, because the claim arises from the property damage, not from the insurer's payment of the insurered; the insurer's subrogration claim--their right to go after the person causing the damage for the amount they (the insurer) had to pay out--is derivative of the damaged property owner's own claim. Essentially, subrogation is the insurer taking over and pursuing a claim that--had there been no insurance--the damaged property owner him/herself could have pursued. The insurer's payment does not give rise to the claim because the person causing the damage had no obligation to the insurer to indemnify or make them whole, and has no contract with or other relationship with the insurer; their only point of connection to the insurer is that the insurer took over and asserted the damaged property owner's claim against them for the damage.
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