MEDIA – An $8,000 subrogation dispute between Allstate Insurance Company and a Georgia company that manufactured and distributed a condensate pump that malfunctioned and damaged property belonging to two of the plaintiff’s insureds has been settled.
Allstate Property and Casualty Insurance Company (as subrogee of Antonio DiStefano and Maureen Anne DiStefano) of Malvern first filed suit on May 11 in the Delaware County Court of Common Pleas versus DiversiTech Corporation of DiLuth, Ga.
The defendant manufactured and distributed a condensate pump located in the DiStefanos’ property in Bryn Mawr. One which failed on Nov. 23, 2019, the lawsuit said, and caused more than $8,000 in damages to the property.
The suit said the device was negligently manufactured, designed and sold, and this was the cause of its malfunction and the subsequent damage to the DiStefanos’ residence.
However, on May 27, plaintiff counsel Paul N. Sandler filed a praecipe to settle, discontinue and end the litigation. Terms of the settlement were not disclosed.
Prior to settlement and for counts of negligence, defective design and breach of the implied warranty of merchantability and implied warranty of fitness, the plaintiffs were seeking the sum of $8,027.07, plus interest dating from Nov. 23, 2019, plus costs of the suit.
The plaintiffs were represented by Paul N. Sandler of Sandler & Marchesini, in Philadelphia.
The defendant had not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2020-003134
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com