PITTSBURGH – A Texas insurance company is seeking to be reimbursed to the tune of $5 million, after it paid that same amount to one of its policyholders who suffered a fire on his property during a period of home construction.
USAA Casualty Insurance Company (as subrogee of James Luketich) of San Antonio, Texas filed suit in the Allegheny County Court of Common Pleas on Dec. 18 versus Stanley Black & Decker, Inc. of New Britain, Conn. and Joshua Otterbeck (doing business as “Otterbeck Construction”), of Sarver.
At the time of the events in question, USAA insured both Luketich’s property and vehicle, and Otterbeck was performing construction at Luketich’s home.
“On or about Feb. 7, 2019, defendant Otterbeck was performing construction work at the property which included installing wood siding on the garage. After completing its work at the property for the day, defendant Otterbeck stored its tools, including several battery operated Porter Cable tools, in rubber totes that were stored behind the garage at the property,” the suit states.
“On or about Feb. 8, 2019, a fire started inside one of Otterbeck’s totes as a result of the failure of a Porter Cable battery pack. The fire spread to the property resulting in significant damages. At the time of the fire, there was a 2018 Tesla Model X and 2016 Mercedes Benz GLE parked in the garage at the property. Both of the aforementioned vehicles were destroyed as a result of the fire.”
The battery was designed, manufactured and/or supplied by defendant Stanley Black & Decker, and was purchased by defendant Otterbeck prior to Feb. 8, 2019 in the Commonwealth of Pennsylvania.
“Pursuant to the terms of the property policy, plaintiff USAA has made payments to or on behalf of its insured in an amount in excess of $5,000,000 for damages resulting from the fire,” per the suit.
“Pursuant to the terms of the auto policy, plaintiff USAA made payments to or on behalf of its inured in the amount of $156,763.38 for damages related to the Tesla and $80,312.28 for damages relating to the Mercedes.”
For counts of strict product liability and negligence, the plaintiff is seeking damages in excess of $5,000,000, exclusive of interest and costs.
The plaintiff is represented by Eugene A. Giotto, Daniel J. Luccaro and Sean P. O’Donnell of Cozen O’Connor, in Pittsburgh and Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012776
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com