Three insurers that paid more than $1 million in auto and property damage claims to a New York couple and their homeowners association are attempting to recover the payments from the giant car maker and local dealership.
The claims stemmed from a fire that erupted in a 2018 Honda Pilot while it was parked in the garage at the home of Michael and Latoya Skyers in the Woodside Knolls Homeowners Association in Middletown.
The Skyers took their car to the local dealer, Middletown Honda, for service including a transmission-fluid and oil and filter change earlier in the same day as the fire erupted. The insurers claim that American Honda Motor Co. and its Middletown dealership are responsible for the vehicle fire and damage due to negligent service and design.
The subrogation action has been brought by Country Mutual Insurance Co., which provided property coverage to Woodside Knolls Homeowners Association that included the Skyers’ property, and two Allstate units that provided property and auto insurance to the Skyers.
The insureds made and were paid claims totaling more than $1million under all three policies. The insurers seek to regain that amount they paid out plus legal costs, attorney fees, delay damages, prejudgment interest, and other relief the court deems appropriate.
The insurers assert negligence and strict liability claims against the car maker and its dealer including for failing to “properly and competently inspect, diagnose, service and maintain the subject vehicle, including components associated with the inspection and servicing of the transmission fluid and oil-and- filter change, in a safe and appropriate manner.”
According to the complaint, Honda distributed a vehicle that was in an “unreasonably dangerous and defective condition, which catastrophically failed due to a defect in and/or malfunction.”
The Middletown dealership knew, or should have known, that the vehicle was unreasonably dangerous and defective at the time it left its control and was returned to the Skyers, according to the complaint.
The complaint does not explain how the fire may have started.
The suit was filed in the US District Court for the Southern District Of New York.
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