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

MCTAGGART 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: 
2:12-cv-01293 Search Pacer
ACE Group party(s): 
Opposing Party: 
Paul McTaggart
Court Type: 
Federal
US District Court: 
Western District of Washington
Date Filed: 
Jul 30 2012

"Please take notice that defendant ACE American Insurance Company (“ACE American”) hereby removes to this Court the state court action described below under 28 U.S.C. § 1441(a) on the basis of Federal matter jurisdiction, based on the following:

1. ACE American is the sole defendant in a civil action filed in the Superior Court of Washington, in and for King County, styled Paul McTaggart v. ACE American Insurance Company, case number 12-2-22924-4 SEA (the “state court action”).

2. The state court action was commenced on July 5, 2012, when that action was filed with the Clerk of the Superior Court for King County. A copy of that complaint is attached as part of Exhibit A to the Declaration of Rodney Q. Fonda. In addition to the complaint, a complete copy of all documents filed in the state court proceeding as of the date of this notice of removal are submitted at Exhibit A to the Declaration of Rodney Q. Fonda, pursuant to Local Rule (“LR”) 101(b). Defendant ACE American was served via statutory service of process on the Washington State Insurance Commissioner (the “Insurance Commissioner”). The Insurance Commissioner received a copy of the state court action on July 6, 2012, and simultaneously accepted service on Defendant ACE American. A copy of the Certificate of Service from the Insurance Commissioner’s office confirming the dates of service is attached as Exhibit B to the Declaration of Rodney Q. Fonda.

3. In the state court action, plaintiff’s complaint seeks damages in connection with an engine damage claim on plaintiff’s yacht, for which defendant provided insurance coverage via a Yachtsman/Boatsman policy. As the subject matter of this insurance contract is maritime in nature, federal admiralty jurisdiction applies and accordingly the case is one which may be removed to this Court pursuant to 28 U.S.C. § 1441(a).

4. This Notice of Removal is timely, in that it is being filed within thirty (30) days of receipt of service of the state court action on the defendant who was served through the Washington State Insurance Commissioner on July 6, 2012. Pursuant to 28 U.S.C. § 1446(d), ACE American is also concurrently and timely filing a copy of this Notice of Removal in the state court action."

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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