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IS COMPLIANCE WITH THE RIGHT TO REPAIR ACT REQUIRED BEFORE A CONSTRUCTION DEFECT LAWSUIT IS FILED AGAINST THE BUILDER FOR PROPRETY DAMAGE: THE COURT OF APPEAL IS SENDING CONFLICTING MESSAGES.

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Last year, the California Court of Appeal held that an insurance carrier exercising its subrogation rights WAS NOT REQUIRED to give notice of a claim to a builder before suing the builder for defective workmanship that caused property damage to the insured.  See Liberty Mutual Insurance Co. v. Brookfield Crystal…
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