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

THE PALMS OF PEMBROKE CONDOMINIUM ASSOCIATION, INC. v. GLENCOE INSURANCE, LTD. 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: 
0:13-cv-62202 Search Pacer
Opposing Party: 
The Palms of Pembroke Condominium Association, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Oct 9 2013

"VENUE/JURISDICTION

9. Venue of this removal is proper under 28 U.S.C. § 1441(a) to the Southern
District of Florida, Ft. Lauderdale Division because the Circuit Court of Broward County is
within the Southern District of Florida, Ft. Lauderdale Division.

10. This cause involves an amount in excess of $75,000.00 exclusive of attorneys'
fees, interest, and costs.

11. This action may be removed pursuant to 28 U.S.C. § 1441(a) and this Court has
original jurisdiction of this matter under the provisions of 28 U.S.C. §1332 because complete
diversity of citizenship exists between the Plaintiffs and the Defendant,

12. Plaintiff pleads in its complaint that "[Plaintiff], THE PALMS, is a Florida nonprofit
corporation duly authorized to conduct business in the State of Florida. THE PALMS is
the condominium association for the condominium buildings located at 351 Palm Circle,
Pembroke Pines, Florida 33025, the insured property."

13. At all times material hereto, Defendant, GLENCOE, is a corporation organized
under the laws of and is a citizen of the Country of Bermuda, with its principle place of business at
Renaissance House, 8-20 East Broadway, Pembroke, HM 19, Bermuda.

14. Plaintiff pleads in its complaint that "[Defendant] WESTCHESTER, is upon
information and belief, a foreign corporation duly authorized to conduct business in the State of
Florida, and which does, in fact, issue policies of insurance in Broward County, Florida.

15. Based upon the foregoing, complete diversity exists pursuant to Sections 1332
and 1441 of Title 28 of the United States Code.

16. In addition, the amount in controversy exceeds the jurisdictional requirement.

17. The amount in controversy, despite the dollar value of any damages claimed by
Plaintiffs, is "the value of the relief being sought by Plaintiff in its complaint." Viacom, Inc. v.
Zebe, 882 F.Supp. 1063, 1065 (S.D. Fla. 1995). "It must appear to a legal certainty that the
claim is really for less than the requisite jurisdictional amount to justify dismissal." St. Paul
Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-89 (1938); Santiesteban v. Goodyear
Tire & Rubber, Co., 306 F.2d 9, 12 (5th Cir. 1962).

18. The allegations in the Plaintiffs' Complaint establish that the $75,000.00
jurisdictional minimum has been met. Specifically, the Plaintiff alleges that "[t]he damage to the
condominium property.. .is in excess of $5,000,000.00." Plaintiffs' Compl. at ^jl 8.

19. This action may be removed pursuant to 28 U.S.C. § 1441(a) and this Court has
original jurisdiction of this matter under the provisions of 28 U.S.C. §1332 because complete
diversity of citizenship exists between the Plaintiffs and the Defendant."

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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