90-Day Statute Of Limitations Not Applicable To Subrogation Claim

Fire Insurance Exchange v. Monty's Heating (Colo. App. 2007)

After a homeowner's home burnt down, plaintiff insurance company paid the homeowner under the homeowner’s policy. Plaintiff then brought a subrogation claims against the contractors, alleging faulty HVAC work.

The trial court entered summary judgment dismissing the claims based on the 90-day statute of limitations in C.R.S. § 13-80-104(1)(b)(II). The Court of Appeals reversed, holding that the 90-day statute of limitations for indemnification and similar claims applied to claims by the defendants of construction-defects cases, not the plaintiffs.

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