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PENNSYLVANIA RECORD

Friday, April 26, 2024

State Farm Fire & Casualty seeks subrogation over damages caused by heating oil leak

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PHILADELPHIA – An insurance company is seeking damages from two companies after home heating oil flooding a home's basement.

State Farm Fire & Casualty Co., as subrogee of Christopher and Karen Crichton, filed a complaint March 1 in the U.S. District Court for the Eastern District of Pennsylvania against Slomin's Inc. and Horizon Services (PA) LLC alleging negligence and other counts.

According to the complaint, the plaintiff provided coverage to the Crichton property in North Wales. The suit states the property is heated by a home-heating oil furnace that was inspected by Horizon in February 2016, which recommended replacing the furnace but did not communicate that the oil tank was deteriorated or should be replaced.

The suit states on Dec. 13, 2016, a Slomin's employee arrived at the property to fill the Crichton's oil tank and did not inspect the tank prior to filling it. The suit states the oil room in the house became flooded with oil that spread throughout the backyard and into a nearby creek. The plaintiff alleges it paid claims to cover the damages.

The plaintiff holds Slomin's Inc and Horizon Services (PA) LLC responsible because the defendants allegedly failed to check the oil tank in the property or failed to have the tank properly inspected.

The plaintiff seeks judgment against the defendant in an amount of more than $100,000 plus court costs and delay damages. They are 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 2:18-cv-00920

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