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

WHY NADA CRUZ, LLC et al 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: 
4:11-cv-03353 Search Pacer
ACE Group party(s): 
Opposing Party: 
Why Nada Cruz, LLC
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Sep 13 2011

"1. On August 10, 2011, Why Nada Cruz, LLC, and Greg Anderson (collectively "Plaintiffs") filed an Original Petition in the 151't Judicial District Court of Harris County, Texas. ln their Petition, Plaintiffs named ACE American Insurance Company ("ACE") as the sole Defendan:. See Ex. B, Pls.' Orig. Pet. Plaintiff served ACE with a copy of the Petition on August 15,2011.

2. On September 6,2011, Defendant ACE American Insurance Company filed its Answer to Plaintiffs' Original Petition and its Counterclaim. See Ex. B, Def.'s Ans. Pls.' Orig. Pet. & Counterclaim.

3. The dispute between the parties essentially involves whether ACE is obligated to reimburse Plaintiffs under the terms of a marine insurance policy for damages incurred when the vessel Sweet Dreams sank. ,See Ex. B, Pls.' Orig. Pet. at 2. In their Original Petition, Plaintiffs assert claims for breach of contract, violations of the Texas Insurance Code, breach of the duty of good faith and fair dealing, and for the recovery of attorney's fees. SeeEx. B Pls.' Orig. Pet. at

4. All pleadings, process, orders, and other filings served upon Defendant in the state court action are attached to this Notice as required by 28 U.S.C. $ 1aa6(a). A copy of this Notice is concurrently being filed with the state court and served upon Plaintiffs.

5. Defendant files this Notice of Removal within 30 days of being served with Plaintiffs' initial pleading and within one year of the commencement of this action in accordance with 28
u.s.c. $ 1446(b).

6. Venue is proper in this Court under 28 U.S.C. $ laal(a) because this district and division include Harris County, Texas, the place where the removed state court action is pending.

7. Plaintiffs have not requested a trial by jury."

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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