Right to Repair/ Right to Cure

In the world of subrogation, setting your claim up for successful litigation does not begin with the filing of a complaint.  Beyond preserving evidence, there are certain statutory requirements that plaintiffs in some claims must satisfy before the suit even begins.  If your claim involves a claim that a construction company or contractor failed in their responsibilities, you may have to give them a chance to fix the problem.  Not every state recognizes the Right to Repair or Right to Cure, but when it comes to construction defect cases, you need to know if your jurisdiction does.    On this week's episode, Rebecca and Steve discuss the notice requirements, opportunity to inspect, and the tortfeasor's right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.