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

HERTZ EQUIPMENT RENTAL CORPORATION v. NATIONAL CASUALTY COMPANY et al Notice of Removal

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.

Embedded Scribd iPaper - Requires Javascript and Flash Player
Case 2:33-av-00001 Document Document 1 Filed 06/29/12 Page 1 of 4 PageID: 1 Case 2:12-cv-04034-WJM-MF 15352 Filed 06/29/12 Page 1 of 4 PageID: 313518
CARROLL, McNULTY & KULL L.L.C. 120 Mountain View Boulevard P.O. Box 650 Basking Ridge, NJ 07920 (908) 848-6300 Attorneys for National Casualty Company UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY DOCKET NO.: Plaintiff, Civil Action v. NATIONAL CASUALTY COMPANY, PACIFIC EMPLOYERS INSURANCE COMPANY, and ACE AMERICAN INSURANCE COMPANY, Defendants. NOTICE OF REMOVAL PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1441, 1446(a), and 1332(a), Defendant, National Casualty Company (“National Casualty”), by and through its attorneys, Carroll, McNulty & Kull, L.L.C., hereby removes to the United States District Court for the District of New Jersey, the action styled Hertz Equipment Rental Corp. v. National Casualty Co, Docket No. L-3800-12, in the Superior Court of New Jersey, Bergen County. As grounds for removal, National Casualty states: 1. On May 15, 2012, Plaintiff, Hertz Equipment Rental Corporation (“Hertz”),
HERTZ EQUIPMENT RENTAL CORPORATION,
commenced an action for declaratory judgment (“Complaint”) against National Casualty, Pacific Employers Insurance Company (“Pacific”), and ACE American Insurance Company (“ACE”) (National Casualty, Pacific, and ACE are referred to as “Insurers”) in the Superior Court of New Jersey, Bergen County, Docket No. L-3800-12 (“State Court Action”).
Case 2:33-av-00001 Document Document 1 Filed 06/29/12 Page 2 of 4 PageID: 2 Case 2:12-cv-04034-WJM-MF 15352 Filed 06/29/12 Page 2 of 4 PageID: 313519
2.
A true and correct copy of the Complaint filed by Hertz is attached as Exhibit A
and, upon information and belief, constitutes all process, pleadings, and orders filed in the State Court Action. 3. According to the Complaint, Hertz seeks a judicial declaration of its alleged rights
under various policies of insurance allegedly issued by the Insurers to Hertz in connection with a putative class action suit currently pending in the United States District Court for the District of Kansas styled Fun Services of Kansas City, Inc. v. Hertz Equipment Rental Corp., Docket No. 12-cv-2062 (“Underlying Action”). A true and correct copy of the complaint in the Underlying Action is attached as Exhibit B. 4. 5. Removal is appropriate based upon diversity jurisdiction. Based upon our independent research, Hertz is a Delaware corporation with its
principal place of business in Park Ridge, New Jersey. 6. Defendant, National Casualty, is a Wisconsin corporation with its principal place
of business in Scottsdale, Arizona. 7. Based upon our independent research, Defendant, Pacific, is a Pennsylvania
corporation with its principal place of business in Philadelphia, Pennsylvania. 8. Based upon our independent research, Defendant, ACE, is a Pennsylvania
corporation with its principal place of business in Philadelphia, Pennsylvania. 9. 10. 11. There is complete diversity of citizenship between Hertz and the Defendants. Service of the Complaint was effected upon National Casualty on June 1, 2012. National Casualty filed this Notice of Removal within thirty days of service of the
Complaint and, therefore, removal is timely under 28 U.S.C. § 1446(b).
2
Case 2:33-av-00001 Document Document 1 Filed 06/29/12 Page 3 of 4 PageID: 3 Case 2:12-cv-04034-WJM-MF 15352 Filed 06/29/12 Page 3 of 4 PageID: 313520
12.
Although the Underlying Action alleges that any recovery for individual class
members would not exceed $75,000, the Underlying Action seeks an aggregate recovery for the putative class in an amount in excess of $75,000. Specifically, the plaintiff in the Underlying Action alleges claims against Hertz for tens of thousands of violations of the Telephone Consumer Protection Act (“TCPA”), 42 U.S.C. § 227 et seq., which provides a statutory penalty of $500 per violation and treble penalties for willful and knowing violations. Indeed, the plaintiff in the Underlying Action has demanded millions of dollars in relief from Hertz for the putative class. A true and correct copy of a settlement demand letter issued by the underlying plaintiff is attached as Exhibit C. 13. In addition to seeking indemnification from the Insurers for the Underlying
Action, Hertz seeks reimbursement of its defense costs and expenses in the Underlying Action from the Insurers. Notably, the Underlying Action has been pending for more than four years. In addition, Hertz seeks a judicial declaration that the Insurers are obligated to assume Hertz’s future defense costs and expenses in the Underlying Action. 14. Therefore, the amount in controversy in connection with the State Court Action
clearly exceeds the $75,000 jurisdictional amount applicable to actions based upon diversity of citizenship. 15. Defendants, Pacific and ACE, have provided written consent to the removal of the
State Court Action to this Court. A true and correct copy of correspondence from counsel for Pacific/ACE consenting to National Casualty’s removal is attached hereto at Exhibit D. 16. A civil action brought in a state court, over which the District Courts of the
United States have original jurisdiction, may be removed by a defendant to the District Court of
3
Case 2:33-av-00001 Document Document 1 Filed 06/29/12 Page 4 of 4 PageID: 4 Case 2:12-cv-04034-WJM-MF 15352 Filed 06/29/12 Page 4 of 4 PageID: 313521
the United States for the district and division embracing the place where such action is pending, pursuant to 28 U.S.C. § 1441(a). 17. National Casualty hereby exercises its rights under the provisions of 28 U.S.C. §
1441 et seq., to remove this action from the Superior Court of New Jersey, Bergen County to the United States District Court for the District of New Jersey. 18. National Casualty shall file a copy of this Notice of removal with the Superior
Court of New Jersey, Bergen County in compliance with 28 U.S.C. § 1446(d). 19. Because there is complete diversity jurisdiction between the parties and all
elements of subject matter jurisdiction are satisfied, the litigation is both appropriate and proper in the Court for which this removal has been filed. WHEREFORE, Defendant, National Casualty, hereby removes this litigation from Superior Court of New Jersey, Bergen County to the United States District Court for the District of New Jersey. CARROLL, McNULTY & KULL L.L.C.
/s/ __________________________ Gary S. Kull, Esq. Jonathan A. Messier, Esq. 120 Mountain View Boulevard P.O. Box 650 Basking Ridge, NJ 07920 (908)848-6300 Attorneys for Defendant National Casualty Company Dated: June 29, 2012
4

Published under a Creative Commons License By attribution, non-commercial
AttachmentSize
D.E. 1 NOTICE OF REMOVAL by NATIONAL CASUALTY COMPANY from SUPERIOR COURT OF BERGEN COUNTY, case number L-3800-12.pdf77.14 KB

Like us on facebook!