Berkshire Hathaway Guard Insurance Companies has filed a lawsuit against Tostado Boys, Inc., alleging negligence in the installation of a shower valve that led to significant water damage. The complaint was filed on March 3, 2025, in the Superior Court of California, County of Ventura, naming Tostado Boys, Inc. as the defendant.
The case centers around an incident that occurred on July 24, 2022, at a property located at 27448 Park Vista Road in Agoura Hills, California. Berkshire Hathaway Guard Insurance Companies claims that due to improper installation by Tostado Boys, Inc., doing business as All Toasty Heating & AC LLC, water damage ensued at the insured property owned by Michael L. Zipperstein. As per the complaint, "Plaintiff's insureds sustained damages to their dwelling" because of "negligence on the part of defendants."
Berkshire Hathaway Guard Insurance Companies argues that they had a valid insurance contract with Zipperstein and were obligated to cover the damages caused by this alleged negligence. Consequently, they paid out $168,030.28 for property damages and are now seeking reimbursement from Tostado Boys through subrogation rights. The plaintiff contends that "as a direct and proximate result of the negligence of defendants," they have become subrogated to all rights of their insureds for amounts paid.
In addition to recovering the sum paid for damages, Berkshire Hathaway is also seeking interest at a rate of 5% per annum from July 24, 2022. They are requesting judgment for these damages along with costs incurred during litigation and any other relief deemed appropriate by the court.
The legal representation for Berkshire Hathaway Guard Insurance Companies is provided by Todd F. Haines and Brian P. Tapper from the Law Offices of Todd F. Haines based in Agoura Hills, California. The case is being heard under Case No. 2024SCIUIPRPO40001 in front of judges from the Superior Court of California for Ventura County.