When a contractor recommended by and whose work is guaranteed by a homeowner's insurer has failed to perform adequately, can the insured sue the contractor or the insurer?

California, United States of America


The following excerpt is from Kvilhaug v. Fire Ins. Exch., E048294, No. CIVRS700545 (Cal. App. 2010):

"[T]he insured who has been provided a policy's financial benefits but is unhappy with the... job performed by an agent of the insurer has contractual remedies against the [contractor], as well as any insurer... acting as a guarantor of workmanship. The insured may... simply find another [contractor] and require that the insurer pay for it. In this situation it is difficult to see any substantial public interest which supports any... tort remedy." (Rattan v. United Services Auto. Ass'n. (2000) 84 Cal.App.4th 715, 723, italics added.) When a contractor who is recommended by and whose work is guaranteed by a homeowner's insurer "fails to perform adequately, the contractor's... conduct alone will not support a tort claim against the insurer." (Id. at p. 717, italics added.)

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