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Cmty. Ass'n Underwriters of Am. Inc. v. Main Line Fire Prot. Corp.

Subrogated Insurer May Reassert Negligence Claim Over Sprinkler's Defective Installation

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OPINION AND ORDER   Plaintiff Community Association Underwriters of America, Inc. a/s/o Trump Park Residences Condominium (“Plaintiff”) commenced this action against Main Line Fire Protection Corp. (“Main Line” or “Defendant”) and Yorktown Realty Associates, LLC (“Yorktown”) (together, “Defendants”), for allegedly designing and installing a defective sprinkler system (“Sprinkler System”) at Trump Park Residences Condominium (“Property”).1 (Docket No. 1). Plaintiff now moves pursuant to Fed. R. Civ. P. 15(a) for leave to file a third amended complaint in order to reassert a direct claim of negligence against Main Line following dismissal of this claim on May 22, 2019. (Docket Nos. 152, 153, 155, 158, 162). Defendant opposes the motion. (Docket Nos. 154, 159, 163). For the reasons set forth below, Plaintiff’s motion is granted. I. BACKGROUND This action arises from the freezing and bursting of the Sprinkler System on February 14, 2016, which allegedly resulted in substantial water damage to the Property. (Docket No. 1). Plaintiff claimed that the damage was the result of, inter alia, Defendant’s negligence relating to the installation, insulation, design, maintenance and inspection of the Sprinkler System. (Id.

16-18). Plaintiff filed an Amended Complaint on October 25, 2018, (Docket No. 60), and a Second Amended Complaint (“SAC”) on December 6, 2018, (Docket No. 68). The SAC alleged three claims against Main Line: (1) negligence for failure to supervise the design, installation and insulation of the Property’s Sprinkler System; (2) breach of contract for failing to perform adequate inspection of the Sprinkler System; and (3) breach of express and implied warranties resulting in damage to the Property. (SAC

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