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

MALTESE v. ACE AMERICAN 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: 
1:13-cv-03189 Search Pacer
ACE Group party(s): 
Opposing Party: 
Jeffery Maltese
Court Type: 
Federal
US District Court: 
District of Maryland
Date Filed: 
Oct 28 2013

NOTICE OF REMOVAL
ACE American Insurance Company ("ACE"), by and through undersigned counsel,
respectfully avers as follows:
1. On September 10, 2013, Plaintiff Jeffery Maltese filed a complaint against
ACE in the Circuit Court for Anne Arundel County, Case Number 02-C-13-181646-CN.
2. On October 16, 2013, ACE was served with a summons and a copy of the
complaint, true and correct copies of which are attached hereto as Exhibit A.
3. Apart from the papers attached as Exhibit A, no other process, pleadings, or
orders have been served upon ACE.
4. In his complaint, Plaintiff alleges that he is the named insured under a
policy of marine insurance pertaining to a 2000 Cruisers 3075 watercraft (the "Vessel"),
that the Vessel's hull was damaged, and that ACE as the insurer breached an alleged
obligation under the policy to cover the damage. The complaint also includes a request for
declaratory relief concerning the parties' respective rights under the policy.

5. A contract to insure a vessel is a maritime contract, and a case arising out of
a maritime contract is within the admiralty or maritime jurisdiction of this Court, which
has original jurisdiction over such a case as set forth in 28 U.S.C. § 1333(1).
6. Plaintiffs lawsuit is removable as provided by 28 U.S.C. § 1441(a),
inasmuch as this Court has original jurisdiction of any case of admiralty or maritime
jurisdiction and no Act of Congress expressly precludes removal of this lawsuit.
7. Moreover, this Court has diversity jurisdiction under 28 U.S.C. § 1332(a)
because the complaint seeks damages exceeding $75,000 exclusive of interest and costs,
and the parties are citizens of different states—Plaintiff being a citizen of Maryland and
ACE being a Pennsylvania corporation with its principal place of business in Pennsylvania.
Section 1441(b) therefore provides an alternative basis for removal.
8. This Notice of Removal is being filed within 30 days of October 16, 2013,
the earliest date on which ACE received a copy of the complaint.
WHEREFORE, ACE removes to this Court the action pending in the Circuit Court
for Anne Arundel County (Case Number 02-C-13-181646 CN).

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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