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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

CL FRATES & COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
5:11-cv-01020 Search Pacer
ACE Group party(s): 
Opposing Party: 
CL Frates & Company
Court Type: 
Federal
US District Court: 
Western District of Oklahoma
Date Filed: 
Sep 14 2011

"I. Applicant is the Defendant in the above-entitled cause which was filed August 12,2011, in the District Court of Oklahoma County, State of Oklahoma, styled: C.L. Frates & Company, an Oklahoma corporation, Plaintiff, v. Westchester Fire Insurance Company, Defendant, Case No. CJ-2011-5652. The Oklahoma Insurance Commissioner was served with Summons and Petition on August 15, 2011.

A copy of the Petition setting forth the claims for relief upon which the action is based is attached and marked Exhibit " 1 " . A copy of the Return of Service is attached and marked Exhibit "2". A copy of the docket sheet and remaining pleadings are attached as Exhibit "3".

II. The above-entitled action is a civil action for breach of contract and the United States District Court for the Western District of Oklahoma has jurisdiction of the
same by reason of the diversity of citizenship between Plaintiffs and Defendants under 28 U.S.C. §1332. Plaintiff's principal place of business is Oklahoma; the principal place of business of the Westchester is Pennsylvania. Complete diversity of citizenship between the parties exist.

III. The amount in controversy, exclusive of costs and interest, exceeds the sum of Seventy Five Thousand Dollars ($75,000.00) as is evidence by the allegation of damages exceeding One Hundred Thousand Dollars ($100,000.00) in Plaintiff's Petition, attached as Exhibit 1.

IV. The Insurance Commissioner received a copy of the Petition and Summons on August 15, 2011, which was forwarded to Westchester and received on August 22, 2011. This Notice of Removal is filed within thirty days, and is removable pursuant to 28 U.S.C. § 1332.

V. Westchester notifies the Court that it has provided written notice to all adverse parties of the filing of the Notice of Removal in this case, pursuant to 28 U.S.C. § 1446(D). Westchester is also filing a copy of the Notice of Removal with the Clerk of the District Court of Oklahoma County, Oklahoma, as provided by law.

VI. WHEREFORE, Applicant, Westchester Fire Insurance Company, requests that this action be removed from the District Court of Oklahoma County to the United States District Court for the Western District of Oklahoma."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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