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Homesite Ins. Co. v. Shenzhen Lepower Int'l Electronics Co. Ltd.

Insurer Fails to Allege Strict Products Liability on Defect, Failure to Warn Theories

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DECISION and ORDER I. INTRODUCTION On August 11, 2023, Homesite Insurance Company (“Homesite” or “plaintiff”) filed this action in Supreme Court, Oneida County, against Amazon.com, Inc. (“Amazon”). See Dkt. No. 2. Thereafter, Amazon removed the action to federal court pursuant to 28 U.S.C. §1441(b), which authorizes removal of a civil action from state to federal court if diversity of citizenship exists. Dkt. No. 1. On September 14, 2023, Homesite and Amazon filed a joint stipulation, agreeing to discontinue the claims against Amazon without prejudice and substitute Shenzhen Lepower International Electronics Co., Ltd. (“Lepower” or “defendant”) as the party defendant. Dkt. No. 12. In accordance with the parties’ joint stipulation, plaintiff filed an amended complaint reflecting the terms of the stipulation. Dkt. No. 13. On September 15, 2023, the parties’ joint stipulation was adopted, and plaintiff’s amended complaint was accepted. Dkt. Nos. 15, 16. Pursuant to the joint stipulation, defendant was allowed sixty days “to answer or otherwise move.” Dkt. No. 12. On November 11, 2023, Lepower moved to dismiss the amended complaint under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). Dkt. No. 19. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND Homesite is an insurance company duly authorized to issue insurance policies in New York State. Compl. 1. Adam Long (“Long”) is the owner of property located at 1605 Carroll Street, Rome, New York (the “Long property”). Id. 2. Homesite insured the Long property. Id. 3. Long purchased a First Power replacement battery (the “battery”) from Amazon. Compl. 7. Lepower, a business entity based in Shenzhen, China, manufactured and/or distributed the battery. Id. 9. On September 18, 2022, the battery caught fire at the Long property. Compl.

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