A recent case out of the Supreme Court of Iowa (33 Carpenters Construction, Inc. v. State Farm Life and Casualty Company) reminds us that roofing cases related to insured losses bear some additional consideration in advising our clients and litigating disputes.
In 33 Carpenters, the contractor signed an agreement with homeowners that had suffered an insured loss (hail damage) on their roof. Under the agreement the contractor committed to assist the homeowners with their claim against the insurance company. Under a subsequent agreement, the homeowners assigned their rights to receive payment to 33 Carpenters who were attempting to get a supplemental claim paid by the insurance company.
Originally published in the ABA Construction Litigation Section’s Practice Points.
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