Back in January of 2007, a fire raged through a Kentucky home. The victims of the fire were compensated according to their insurance coverage. But, now that insurance company has filed a complaint
(warning: pdf link) against Nintendo with the U.S. District Court for the Western District of Kentucky yesterday, stating "The [DS] was defective in design, manufacture and/or because it failed to warn consumers as to dangers associated with it... due to defects existing within the Product which caused a risk of overheating and fire, the Product was recalled by Nintendo."
The Liberty Mutual Fire Insurance Company is seeking the 263,000 they paid out to the family, as well as court costs and interest.