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

NORDBY CONSTRUCTION, INC. v. AMERICAN SAFETY INDEMNITY 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: 
5:14-cv-04074 Search Pacer
Opposing Party: 
Nordby Construction, Inc.
Court Type: 
Federal
US District Court: 
Northern District of California
Date Filed: 
Sep 8 2014

TO THE CLERK OF THE ABOVE-ENTITLED COURT:
PLEASE TAKE NOTICE that Defendant AIG Specialty Insurance Company,
erroneously sued as American International Specialty Lines Insurance Company ("AIG Specialty"
or "Defendant") hereby removes to this Court the state action identified below pursuant to 28
U.S.C. §§ 1332(a)(1), 1441(a) and (b), and 1446. This removal is based on diversity of citizenship
between the parties.
1. On June 25, 2014, Nordby Construction, Inc. ("Nordby") filed an action against
AIG Specialty in the Superior Court of the State of California, County of Santa Clara, entitled
Nordby Construction, Inc. v. American Safety Indemnity Company, et a/., (Case No.
114CV267089), asserting causes of action for breach of insurance contract, direct action under
Insurance Code section 11580, and insurance bad faith (the "State Court Action").
2. AIG Specialty was served with the State Court Action by way of personal service
on August 7, 2014.
3. True and correct copies of the State Court Action complaint for: (1) Breach of
Insurance Contract; (2) Direct Action under Insurance Code section 11580; and (3) Insurance Bad
Faith, the Summons' served on AIG Specialty, and Civil Case Cover Sheets personally served on
AIG Specialty on August 7, 2014 are marked and attached hereto as Exhibit 1.
4. A true and correct copy of the Proof of Service filed by Nordby in the State Court
Action on August 11, 2014 is marked and attached hereto as Exhibit 2.
5. Exhibits 1 and 2 attached hereto comprise all process, pleadings, and orders
personally served upon AIG Specialty and filed in the State Court Action.
6. Jurisdiction. This action is a civil action as to which this Court has original
jurisdiction pursuant to 28 U.S.C. § 1332(a)(1), which may be removed to this Court by AIG
Specialty pursuant to the provisions of 28 U.S.C. § 1441(a) and (b) because it is a civil action
between citizens of different states, no defendant is a citizen of the State of California, and the
amount in controversy exceeds the sum of $75,000, exclusive of interest and costs.
7. Amount in Controversy. The amount in controversy, exclusive of interest and
costs, exceeds $75,000. In the State Court Action, Nordby alleges that "the amount currently due,
owing and unpaid exceeds $950,000" (Complaint ]} 20.) Accordingly, on the face of the
complaint the amount in controversy exceeds $75,000.
8. Diversity. There is complete diversity of citizenship between Nordby and the
defendants. At the time of the filing of the complaint and at the time of this removal, and as
alleged in the complaint, Plaintiff Nordby "is a California corporation, duly licensed to transact
business in the State of California, with its principal place of business in Santa Rosa, California."
(Complaint ]} 1.) At the time of the filing of the complaint and at the time of this removal, AIG
Specialty is domiciled in the State of Illinois, with its principal place of business in New York,
New York. At the time of the filing of the complaint and at the time of this removal, American
Safety Indemnity Company ("American Safety") has confirmed it is domiciled in the state of
Oklahoma, with its principal place of business in Atlanta, Georgia. At the time of the filing of the
complaint and at the time of this removal, AIG Specialty is informed and believes that ACE
American Insurance Company ("ACE") is domiciled in the state of Pennsylvania, with its
principal place of business in Philadelphia, Pennsylvania. Accordingly, there is complete diversity
of citizenship between Nordby and the defendants.
9. No non-diverse parties were named as defendants in the State Court Action.
10. None of the defendants named in the State Court Action is a citizen of the State of
California in which the State Court Action is pending.
11. The defendants designated in the State Court Action as Does 1 through 100 are
fictitious defendants whose citizenship shall be disregarded for purposes of removal pursuant to 28
U.S.C. § 1441(a).
12. Intradistrict Assignment. Pursuant to 28 U.S.C. § 1441(a), this notice of removal
is being filed in the United States District Court, Northern District of California, San Jose Division
given the State Court Action is currently pending in the Superior Court of the State of California,
County of Santa Clara.
13. The defendants designated in the State Court Action have each consented to
remove this action to federal court, and AIG Specialty is advised that each defendant intends to
file a written notice of consent following their appearance in this matter.
14. A true and correct copy of this Notice of Removal is being filed with the court of
the State Court Action.
15. By removing this action, AIG Specialty does not waive and hereby reserves its
rights to assert all applicable defenses to Nordby's complaint, including but not limited to lack of
subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of service
of process, and Nordby's failure to state a claim upon which relief may be granted.
Based on the foregoing, AIG Specialty removes to this Court the above action now
pending in the Superior Court of the State of California, County of Santa Clara, entitled Nordby
Construction, Inc. v. American Safety Indemnity Company, eta/., (Case No. 114CV267089

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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