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

NUSTAR PIPELINE COMPANY, LLC et al v. INSURANCE COMPANY OF NORTH AMERICA 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: 
3:12-cv-05336 Search Pacer
ACE Group party(s): 
Opposing Party: 
NuStar Pipeline Company, LLC
Court Type: 
Federal
US District Court: 
Western District of Washington
Date Filed: 
Apr 18 2012

"A. This Is A Notice Of Removal Based On Diversity Of Citizenship For An Action Pending In The Superior Court Of Washington, In And For Clark County

IUIC is a named defendant in a civil action filed in the Superior Court of Washington, in and for Clark County, styled NuStar Pipeline Company, LLC et al v. Insurance Company of North America et al, case number 12-2-01118-8 (the “state court action”).

B. The State Court Action Was Commenced On March 23, 2012, And All Defendants Were Simultaneously Served On March 28, 2012

The state court action was commenced on March 23, 2012, when that action was filed with the Clerk of the Superior Court for Clark County. A copy of that complaint is attached as Exhibit A to the Declaration of Brendan Winslow-Nason. 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 Brendan Winslow-Nason, pursuant to Local Rule (“LR”) 101(b).

All of the defendants were 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 March 27, 2012, and simultaneously served all of the defendants on March 28, 2012. A copy of an e-mail from the Insurance Commissioner’s office confirming the dates of service is attached as Exhibit B to the Declaration of Brendan Winslow-Nason.

C. The State Court Action Concerns An Amount In Controversy In Excess Of $75,000, And Involves Plaintiffs And Defendants Of Diverse Citizenship

The state court action is a civil action over which this Court has original jurisdiction under 28 U.S.C. § 1332, and is one which may be removed to this Court by defendant IUIC pursuant to 28 U.S.C. § 1441(b) in that it is a civil action between citizens of different states and the matter in controversy exceeds the sum of $75,000, exclusive of interest and costs.

1. IUIC Has A Good Faith Basis To Believe That The Plaintiff Is Seeking
Damages Of At Least $11.4 Million

Notwithstanding the fact that the prayer in the plaintiffs’ complaint does not specify the dollar amount of the damages being sought, IUIC nevertheless has a good faith basis to believe that the amount in controversy is well in excess of $75,000. See LR 101(a). Attached to this notice of removal is the Declaration of Christine L. Haus. She is a claims professional for IUIC. As described in Ms. Haus’s declaration, prior to bringing the state court action, the plaintiffs tendered the environmental claim that is the subject of the state court action. The plaintiff represented to Ms. Haus that their claim was worth $11.4 million, which is well in excess of the jurisdictional amount of $75,000.

2. The Plaintiffs Are Citizens Of Texas, Delaware, And South Dakota, Whereas The Defendants Are Citizens Of Connecticut, Illinois, And Pennsylvania As set forth at Exhibits C and D to the Declaration of Brendan Winslow-Nason, the plaintiffs in the state court action are NuStar Pipeline Company, LLC, f/k/a Kaneb Pipeline Company, LLC (“NPC”) and NuStar Terminals Services, Inc. f/k/a Support Terminal Serivces,
Inc. (“NTS”). Plaintiff NTS is and was incorporated in Delaware in 1992, and maintains its principal place of business in San Antonio, Texas. NPC is and was formed in Delaware in 1971 as a limited liability company, and maintains its principal place of business in Yankton, South Dakota. NPC’s sole stakeholder is NuStar Energy, LP (“NE”). NE is and was incorporated in Delaware in 2001, and maintains its principal place of business in San Antonio, Texas.

As set forth at Exhibits E through G to the Declaration of Brendan Winslow-Nason, the defendants to the state court action are the Insurance Company of North America (“INA”), United States Fidelity and Guaranty Company (“USF&G”), and IUIC. INA is and was incorporated in Pennsylvania in 1794, and maintains its principal place of business in Philadelphia, Pennsylvania. USF&G is and was incorporated in Connecticut in 2009, and maintains its principal place of business in Hartford, Connecticut. IUIC is and was

D. All Of The Defendants – IUIC, INA, And USF&G – Have Consented To This Removal

As discussed at paragraph 9 and documented at Exhibit H to the Declaration of Brendan Winslow-Nason, IUIC has contacted counsel for both INA and USF&G and has secured consent from the defendants to remove the state court action to federal court.

E. This Notice Of Removal Is Timely Filed With This Court, And IUIC Has Timely Notified The State Court Of This Removal

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 defendants who were simultaneously served on March 28, 2012.1 Pursuant to 28 U.S.C. § 1446(d), IUIC 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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