3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
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The Cole Law Firm

Subrogation Law Since 1972

The Cole Law Firm

3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
This email address is being protected from spambots. You need JavaScript enabled to view it.

Subrogation Law Since 1972

California Statutes

Property damage:

    3 years from date of loss.

Public entity:

    California State, Counties, Cities, and others such as water districts or reclamation districts:  6 months for personal property, extra living expenses,  personal injury and 1 year from date of loss for real property.

    Inverse condemnation: No claim requirement. 3 years from date of loss.

    US: 2 years if Federal Tort Claim.

Breach of written contract:

    4 years from breach.

Breach of oral contract:

    2 years from breach.

    Notes:

Statute of repose against improvers of real property, such as contractors: 10 years from completion of their work. No such statute against manufacturers of defective products used in real property, such as valves, water heaters, etc. (CCP 337.15)

There is NO statute of limitation on product liability. Example: suit against manufacturer of water heater which caused a fire. Water heater manufactured 12 years ago. CCP 337.15 not applicable.

Insurance company recovering deductibles

As cited in the Fair Claims Practices Regulations, Section
2695.8(i)&(j)...................

"(i) Every insurer shall provide written notification to a first party claimant
 as to whether the insurer intends to pursue subrogation of the claim. Where an insurer elects not to pursue subrogation or discontinues pursuit of subrogation; it shall include in its notification a statement that any recovery to be pursued is the responsibility of the first party claimant. This subsection does not require notification if the deductible is waived, the coverage under which the claim is paid requires no deductible to be paid, the total loss sustained does not exceed the applicable deductible, or there is no legal basis for subrogation."

(j)"Every insurer that makes a subrogation demand shall include in every demand the first party claimant's deductible. Every insurer shall share subrogation recoveries on a proportionate basis with the first party claimant, unless the first party claimant has otherwise recovered the whole deductible amount. No insurer shall deduct legal or other expenses from the recovery of the deductible unless the insurer has retained an outside attorney or collection agency to collect that recovery. The deduction may only be for a pro rata share of the allocated loss adjustment expense."

California State Library - Laws and Regulations

Federal Trade Commission: Statutes relating to "Consumer Protection"

The Code of Federal Regulations
     
The Federal Register

Constitutions, Statutes, and Codes

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