Action Against Builder's Insurer Barred by Ten-Year Structural Defect Guarantee Period
Synthèse Legislator
Généré par l'IAA lower court wrongly held a third party liable for damages arising from a defect in construction when the claim was brought after the ten-year guarantee period for structural defects had expired, even though the defect was alleged to be covered by the insurer under the mandatory liability insurance for builders; the reviewing court affirmed that under the relevant civil code articles, the action against the builder's insurer must be initiated within the same ten-year period applicable to the builder for such structural defects, regardless of the policy terms or the nature of the third party's involvement.
Regeste Legislator
Généré par l'IAAction Against Builder's Insurer Barred by Ten-Year Structural Defect Guarantee Period: A lower court wrongly held a third party liable for damages arising from a defect in construction when the claim was brought after the ten-year guarantee period for structural defects had expired, even though the defect was alleged to be covered by the insurer under the mandatory liability insurance for builders; the reviewing court affirmed that under the relevant civil code articles, the action against the builder's insurer must be initiated within the same ten-year period applicable to the builder for such structural defects, regardless of the policy terms or the nature of the third party's involvement.