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Great Northern Ins. Co. v. ADT LLC

Subrogee Insurer's Negligence, Gross Negligence Claims Dismissed; Breach Claim Duplicated

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Great Northern Insurance Company commenced this subrogation action in New York State Supreme Court, Greene County seeking to recover from Defendant ADT LLC the monies it paid its insured, Shira White, after a furnace at White’s property malfunctioned and a pipe froze and burst causing extensive water damage. (Dkt. No. 2). Plaintiff asserts claims of breach of contract, negligence, and gross negligence, stemming from Defendant’s alleged failure to notify White of low temperatures at her property. (Id.). Defendant removed the action to this Court based on diversity jurisdiction and moves to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. Nos. 1, 6, 7). Plaintiff responded in opposition to Defendant’s motion, (Dkt. No. 21), and Defendant replied, (Dkt. No. 25). For the reasons below, Defendant’s motion to dismiss is granted in part and denied in part. II. FACTS¹ White owns a property on Ira Vail Road in Leeds, New York. (Dkt. No. 2,

1-2, 11). At some point prior to January 22, 2019, White hired Defendant, a residential home security and monitoring company, “to install a home security system” at her property, “including sensors and monitors for heat or lack thereof.” (Id. 12). The Complaint alleges that there was an agreement that “[Defendant] would properly notify [White] of any lack of heat” and “of freezing/low temperature conditions within the home so as not to cause damages to the premises.” (Id.

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