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

TRIDENT SEAFOODS CORPORATION 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-02265 Search Pacer
ACE Group party(s): 
Opposing Party: 
Trident Seafoods Corporation
Court Type: 
Federal
US District Court: 
Western District of Washington
Date Filed: 
Dec 28 2012

"Defendant ACE 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 December 7, 2012. Declaration of Rodney Q. Fonda, Exhibit B. A Certificate of Service was issued and the service was forwarded to ACE that same day. A copy of an e-mail from the Insurance Commissioner’s office confirming the dates of service is also enclosed with Exhibit B to the Declaration of Rodney Q. Fonda.

C. The State Court Action Concerns An Amount In Controversy In Excess Of $75,000, And Involves One Plaintiff And One Defendant 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 ACE 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. ACE Has A Good Faith Basis To Believe That The Plaintiff Is Seeking Damages Of At Least $1,000,000
Notwithstanding the fact that the prayer in the plaintiff’s complaint does not specify the dollar amount of the damages being sought, ACE nevertheless has a good faith basis to believe that the amount in controversy exceeds $75,000. See LR 101(a). The complaint in the state court action alleges1: (a) ACE’s policy limits were $1,000,000 (¶ 7); (b) Plaintiff settled its loss for “approximately $5,000,000” (¶ 18); (c) Plaintiff has received $3,000,000 in indemnity benefits from its various other insurers for that loss (¶ 20); and (d) “ACE refused and continues to refuse to … tender payment to [Plaintiff] of all amounts due under the policy” (¶ 24; italics added). Declaration of Rodney Q. Fonda, Exhibit A. In addition, prior to bringing the state court action, the plaintiff sent multiple demand letters requesting that ACE “tender its full million dollars” (March 19, 2012) and again demanding that ACE promptly tender “its [$1,000,000] policy limits” (April 25, 2012). Declaration of Rodney Q. Fonda, ¶¶ 6, 7. This dollar figure exceeds the jurisdictional amount of $75,000.

2. The Plaintiff Is A Citizen of Washington, Whereas The Defendant Is A Citizen Of Pennsylvania
As set forth at Exhibits A and C to the Declaration of Rodney Q. Fonda, the plaintiff in the state court action is Trident Seafoods Corporation (“Trident”). Plaintiff Trident is and was incorporated in Washington in 1987, and maintains its principal place of business in Seattle, Washington.  As set forth at Exhibits A and D to the Declaration of Rodney Q. Fonda, the sole defendant named in the state court action is ACE. ACE is and was incorporated in Pennsylvania in 1996, and maintains its principal place of business in Philadelphia, Pennsylvania."

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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