Hodge v. Kirkpatrick Development, Inc
In Hodge v. Kirkpatrick Development, Inc. (2005) 130 Cal.App.4th 540, an insurance company paid money to its insureds under a homeowner's insurance policy for damage to their house caused by third parties.
The court held that the insurance company was subrogated to the insureds' rights against the third party, had stepped into the insureds' shoes to the extent of the amount paid, and had an interest in the insureds' construction defect lawsuit against the tortfeasors to support intervention as a matter of right. (Id. at pp. 548, 550.)