Federal Insurance Company a/s/o Robert and Joanie Emerson v. Martin Edward Winters, d/b/a Winters Roofing Company

OPINION

in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

The defendant contractor entered into a contract to replace a roof. When the newly installed roof developed leaks, the defendant hired an independent contractor to make the necessary repairs. While performing the work, the independent contractor caused a fire, resulting in an $871,069.73 insurance claim by the homeowners. As subrogor to the homeowners’ rights and claims arising out of the fire, the plaintiff insurance company sued the defendant in both tort and in contract. The…