Lawsuit for Additional Damages During Repair After a Storm

In Republic Insurance Company v. the Paul Davis Systems of Pittsburgh South, Inc., 543 Pa. 186, 670 A.2d 614 (1995), a homeowner's residence suffered damage from a storm. The Paul Davis Systems of Pittsburgh South, Inc. (PDS) was hired to repair the damage and removed the roof but did not take precautions to protect the structure from rain. After a storm, there was more damage. Republic Insurance Company (Republic), the subrogee of the holder of one of its homeowner's policies paid for substantially all of the damage. The insured sued Republic and alleged that there were additional damages. Republic settled the claim for $ 5,000 and obtained a release. Republic then sued PDS. PDS asserted that the release Republic obtained barred its claim. The Court of Common Pleas of Allegheny County granted PDS's motion for summary judgment. On appeal, the Superior Court vacated on the basis that the release served only to release those who might reasonably be considered to be within the ambit of responsibility under the released cause of action. Republic, 543 Pa. at 187-188, 670 A.2d at 614-615.