SB 800, California’s Right to Repair Act, establishes prelitigation procedures and standards for residential construction defect claims to streamline resolution between homeowners and builders. Before filing a lawsuit, the SB 800 requires homeowners to provide builders with written notice and an opportunity to repair construction defects. Because subrogation is derivative, insurers must ensure compliance with...

The California Court of Appeals, in State Farm General Insurance Company v. Oetiker, Inc., has recently (filed December 18, 2020) provided much-needed guidance on the scope of the Right to Repair Act.  That 2002 Act, codified in Civil Code section 895 et. seq., statutorily permits homeowners to recover for construction defects which have not yet...