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

FIRSTENERGY GENERATION CORP. et al v. LIBERTY MUTUAL INSURANCE COMPANY et al

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: 
5:12-cv-02417 Search Pacer
ACE Group party(s): 
Opposing Party: 
FirstEnergy Generation Corp.
Court Type: 
Federal
US District Court: 
Northern District of Ohio
Date Filed: 
Sep 26 2012

"To the Honorable Judges of the United States District Court for the Northern District of Ohio, Eastern Division:

Defendant ACE American Insurance Company hereby file this Notice of Removal of the above-captioned matter from the Court of Common Pleas of Summit County, Ohio, Case No. 2012 08 4759 to the United States District Court for the Northern District of Ohio, and in support of the removal, respectfully states:

1. On August 21, 2012, the Plaintiffs filed a Complaint against Defendants Liberty Mutual Insurance Company, Zurich American Insurance Company, Energy Insurance Mutual Ltd., ACE American Insurance Company, XL Insurance Company, AIG Casualty Company, and AEGIS Limited (“Defendants”) in the Court of Common Pleas, Summit County, Ohio, alleging breach of contract, bad faith, and seeking a declaratory judgment. Copies of all process and pleadings in that action are attached hereto, pursuant to 28 U.S.C. §1446(a).

2. The Complaint was served upon Defendant ACE American Insurance Company on August 30, 2012.

3. None of the Defendants have yet filed an answer to the Complaint.

4. This Notice of Removal is timely filed under 28 U.S.C. § 1446(b).

5. This action should be removed to this Court pursuant to 28 U.S.C. § 1441 inasmuch as there is complete diversity of citizenship among the parties and the judgment value of damages sought by Plaintiffs exceeds $75,000.

6. Upon information and belief, plaintiffs, FirstEnergy Generation Corp., FirstEnergy Service Company, and Ohio Edison Company are Ohio corporations with principal places of business in Akron Ohio. Pursuant to 28 U.S.C. §1332(c)(1), the Plaintiffs are deemed to be citizens of Ohio.

7. Defendant, Liberty Mutual Insurance Company is incorporated in Massachusetts, with a principal place of business in Boston, Massachusetts. Defendant Zurich American Insurance Company is incorporated in New York, with a principal place of business in Schaumburg, Illinois. Defendant Energy Mutual Insurance Ltd. is incorporated in Barbados, with a principal place of business in Tampa, Florida. Defendant ACE American Insurance Company is incorporated in Pennsylvania, with a principal place of business in Philadelphia, Pennsylvania. Defendant XL Insurance Americas, incorrectly named as XL Insurance Company, is incorporated in Delaware, with a principal place of business in Stamford, Connecticut. Defendant AIG Casualty Company (n/k/a Chartis Property Casualty Company) is incorporated in Pennsylvania, with a principal place of business in New York, New York. Defendant Associated Electric and Gas Insurance Services, Limited, improperly named as AEGIS Limited, is incorporated under the laws of Bermuda, with a principal place of business in East Rutherford, New Jersey.

8. The within lawsuit is a controversy between citizens of different states, as to give rise to complete diversity of citizenship within the meaning of 28 U.S.C. §1332.

9. The matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs.

10. This is a civil action brought in a state court in which the United States District Court has original jurisdiction because of diversity of citizenship, and Defendants are not citizens of the State of Ohio, in which this action was brought.

11. Defendants Liberty Mutual Insurance Company, Zurich American Insurance Company, Energy Insurance Mutual Ltd., XL Insurance Company, AIG Casualty Company, and Associated Electric and Gas Insurance Services, Limited consent to the removal of this action to the United States District Court for the Northern District of Ohio.
WHEREFORE, with the consent of Liberty Mutual Insurance Company, Zurich American Insurance Company, Energy Insurance Mutual Ltd., XL Insurance Company, AIG Casualty Company, and Associated Electric and Gas Insurance Services, Limited, ACE"

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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