State Farm Fire and Casualty Co. v. Ward Manufacturing, LLC, 112017 DESUP, N17C-05-168CEB

Docket Nº:N17C-05-168CEB
Opinion Judge:Charles E. Butler, Judge
Party Name:STATE FARM FIRE AND CASUALTY COMPANY a/s/o PAMELA G. MEZARAUPS, Plaintiff, v. WARD MANUFACTURING, LLC, A Delaware Limited Liability Co.; LC HOMES, INC., a Delaware Corp.; LC HOMES DELAWARE, INC, a Delaware Corp.; LOUIS CAPANO & ASSOCIATES, INC, a Delaware Corp.; H&R HEATING & AIR CONDITIONING, INC, a Delaware Corp.; BROTHER'S INC.; BROTHER'S IN...
Case Date:November 20, 2017
Court:Superior Court of Delaware
 
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STATE FARM FIRE AND CASUALTY COMPANY a/s/o PAMELA G. MEZARAUPS, Plaintiff,

v.

WARD MANUFACTURING, LLC, A Delaware Limited Liability Co.; LC HOMES, INC., a Delaware Corp.; LC HOMES DELAWARE, INC, a Delaware Corp.; LOUIS CAPANO & ASSOCIATES, INC, a Delaware Corp.; H&R HEATING & AIR CONDITIONING, INC, a Delaware Corp.; BROTHER'S INC.; BROTHER'S INC. a/k/a BROTHER'S ELECTRICAL CONTRACTORS OF DELAWARE, INC. a/k/a BROTHER'S ELECTRICAL CONTRACTORS OF PENNSYLVANIA, INC.; and ROYAL SERVICE CORPORATION, a Delaware Corp, Defendants.

No. N17C-05-168CEB

Superior Court of Delaware

November 20, 2017

Date Submitted: August 18, 2017

Upon Defendant LC Homes, Inc. 's Motion to Dismiss.

ORDER

Charles E. Butler, Judge

Before the Court is a Motion filed by Defendant LC Homes, Inc. to dismiss the Complaint as to it. Finding the Motion to be premature at this stage, the Motion is DENIED. In support thereof, it appears to the Court that:

1. In 2007, Pamela Mezaraups purchased a new home at 147 Haut Brion Avenue in Newark, Delaware. In June 2015, there was a fire that caused substantial damage to the residence.

2. Plaintiff State Farm insured the residence and paid on a claim by Ms. Mezaraups. It now seeks to recoup those expenses and has filed suit against those entities it believes were involved in the construction, sale or warranties on the property and its improvements. It appears that State Farm takes the position that the fire was caused by an electrical storm and an improper electrical grounding system.

3. Defendant LC Homes, Inc. was named as a defendant along with, inter alia, LC Homes Delaware, Inc. and Louis Capano and Associates, Inc. All three entities share the same registered agent and the same principal place of business in Wilmington, Delaware.

4. The gravamen of the Motion filed by Defendant LC Homes, Inc. is that it was not incorporated until 2008, the year after the residence was constructed and conveyed. It urges that it cannot be held liable for alleged construction defects that occurred before it even existed.

5. Plaintiff State Farms responds that when State Farm offered a tour of the damaged premises to all potentially responsible...

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