Legal Question in Insurance Law in Florida

Potential for recover

I am an insurance adjuster in florida and hanlding a commercial fire loss involving a stove/range. the range was purchased new between 13 and 14 years ago and aside from a burnt out pilot light two yeas ago, there have been no problems. The insured had the pilot light repaired by the manufacture of the stove.

The stove malfunctioned this week and caught fire which resulted in significant damage to the building. There restaurant was not occupied at the time of the loss (during closed hours) and our C&O confirmed mechanical failure. My question regards any statute of limitations that will prevent or decrease our chances substantially in recovery from the manufacture of the stove. Obviously there is a considerable cost in engineering fees,, mobilizing to a nuetral place for bi party inspections, and legal costs to pursue subro. I thought the limitation was 10 or 12 years but cant be certain and wished to have your imput.

Regards,

Michael


Asked on 5/20/09, 10:10 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Potential for recover

You should contact your carrier's inhouse legal counsel and not rely on a response from a post such as you have made. Your company pays its lawyers to answer questions like you have raised. Ask about the application of the statute of repose for products liability claims.

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Answered on 5/20/09, 11:36 am


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