I hired a plumber who broke off the stop angle pipe from the wall and flooded my house. my insurance has paid off the damage, but can I still sue the plumber for negligence? small claims $5k for putting me through this nightmare and being without a bathroom for 3 mos?
Most insurance policies have what is known as a "subrogation clause." This means that once the carrier pays you for a property damage loss, the carrier then owns your claim(except for the deductible) against the plumber, in this instance. So the insurance carrier "stands in your shoes" and can sue the plumber in your name or its name for what it paid out. Generally no emotional distress damage for damage to property or for breach of contract.
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