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

KLEIN v. INSURANCE COMPANY OF NORTH AMERICA

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: 
2:12-cv-04814 Search Pacer
ACE Group party(s): 
Opposing Party: 
Theodore R. Klein
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Sep 26 2012

"1. Plaintiff THEODORE R. KLEIN filled a Complaint in the District Court of the County of Suffolk, Fourth District Hauppaugue, bearing Index Number SMC 12/3045. Plaintiff alleges in his complaint that on August 24, 2011, a sailboat that he owns sustained damage in the navigable waters of the United States due to strong winds, wave action and a rough come-about and that such damage was covered under the marine insurance policy issued by INSURANCE COMPANY OF NORTH AMERICA. A copy of the Summons and Complaint is annexed hereto as Exhibit "A."

2. Defendant INSURANCE COMPANY OF NORTH AMERICA received a copy of the Complaint by personal service on September 4,2012.

3. Defendant INSURANCE COMPANY OF NORTH AMERICA seeks removal of this action pursuant to 28 U.S.C. § 1441(b).

4. The District Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1333, because the marine insurance policy at issue is a marine contract and the incident occurred on the navigable waters of the United States.

5. Venue is proper in the United States District Court for the Eastern District of New York, because suit was filed in Suffolk County and the cause of action arose within this District.

6. Defendants request for removal is made within 30 days of receipt of the Complaint, which was received on or about September 4,2012.

7. After filing of the Notice of Removal in the United States District Court for the Eastern District of New York, written notice of the filing of this Notice of Removal will be given by the attorneys for defendant to plaintiff pro se at the address stated in the Complaint, as provided by law, and copies of the Notice of Removal will be filed with the Clerk of the District Court of the County of Suffolk, Fourth District Hauppague."

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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