ALLENTOWN – An insurance company claims a tenant's negligence caused a fire at a property it insured.
State Farm Fire & Casualty Co., as subrogee of Carl Martucci, filed a complaint on Feb. 2 in the U.S. District Court for the Eastern District of Pennsylvania against Julio Montero alleging negligence and breach of contract.
According to the complaint, the defendant leased a property from Martucci and a fire damaged the property Sept. 15, 2017. The suit states the fire was caused by the defendant's careless use of a power cord and related electrical devices. The plaintiff alleges Martucci submitted claims to it and it paid them per the terms of its policy.
The plaintiff holds Montero responsible because the defendant allegedly should have known his purportedly careless use of the cord would lead to damages to the subrogor.
The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount of more than $75,000, delay damages, court costs and any further relief the court grants. It is represented by Daniel J. de Luca of de Luca Levine LLC in Blue Bell.
U.S. District Court for the Eastern District of Pennsylvania case number 5:18-cv-00433-JFL