PITTSBURGH – A Pennsylvania insurance company is seeking nearly $360,000 in damages from the allegedly negligent manufacturers of a dehumidifier that caused a fire at the property of one of its policyholders.
Erie Insurance Exchange (as subrogee of Ellen Marino) of Erie filed suit in the Allegheny County Court of Common Pleas on Dec. 15 versus Gree USA, Inc. of City of Industry, Calif., John/Jane Doe of Monroeville and ABC Corporation.
“On or about Oct. 15, 2019, a dehumidifier manufactured, assembled, sold or distributed by defendant (hereinafter referred to as “dehumidifier”) malfunctioned, failed and caught fire resulting in fire, smoke and other damages to plaintiff’s insureds,” the suit states.
“At all times relevant hereto, defendant regularly and systematically designed, manufactured, assembled, distributed and/or sold dehumidifiers in the State of Pennsylvania and did design, manufacture, distribute and/or sell the subject dehumidifier to plaintiff’s insured in the State of Pennsylvania.”
After the insurer was compelled to pay for the damages to Marino’s property, it is seeking reimbursement for the monetary amount – based upon allegations sounding in strict liability and negligence against the defendants, who the plaintiff claims placed a defective product into the statewide stream of commerce.
“As a result of said fire and damages, plaintiff’s insured made claims with plaintiff under her relevant policies of insurance for damages sustained as a result of the fire. Erie has paid its insured $358,786.91 for the damages sustained in the fire. Erie’s insured had a deductible of $500.00,” according to the suit.
“As a result of said payments and pursuant to said policies of insurance and laws of the State of Pennsylvania, plaintiff became subrogated to any and all claims its insured had for those damages against defendant.”
For multiple counts of strict product liability, negligence, breach of implied warranties of merchantability and fitness for a particular purpose, the plaintiff is seeking damages in the amount of $359,286.91, plus interest, costs, attorney’s fees and any other relief this Court may deem just and proper.
The plaintiff is represented by Anthony W. Ziccardi of Gaul & Associates, in Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012626
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com