Rodas
Rodas v. Spiegel
Opinion
Lead Opinion
Spencer, J.
Introduction
Plaintiff Victor M. Rodas, doing business as Victor Rodas Wood Floors, appeals from an order dismissing his complaint as to defendants David Spiegel and Spiegel Certified Restoration. We affirm the order.
*516 Statement of Facts
In October 1994, plaintiff installed hardwood flooring in Laura Keddington’s (Keddington) home. On December 6, 1994, Keddington wrote a letter to the Contractors’ State License Board, complaining about plaintiff’s workmanship. Rosalind Yates (Yates) investigated Keddington’s complaint on behalf of the board.
On January 4, 1995, Keddington filed a claim with Farmers Insurance Company, her insurer, for water damage resulting from a roof leak during a storm. After inspection of the Keddington home, the insurer paid Keddington for damage to the second floor but not for damage to the first floor.
In 1997, Farmers Insurance Company hired defendant Spiegel to evaluate Keddington’s claim regarding the condition of the wood floor. Although the insurer knew of the water damage to Keddington’s home, Farmers Insurance Company concealed this information from defendant Spiegel, as did Keddington. After inspecting the floors in August 1997,…