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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 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.

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Case 2:12-cv-02265-RSM Document 1 Filed 12/28/12 Page 1 of 4
1 2 3 4 5 6 7 8 9 10 11 12 13 Defendant. 14 15 Please take notice that defendant ACE American Insurance Company (“ACE”) hereby 16 removes to this Court the state court action described below under 28 U.S.C. § 1441(b) on the 17 basis of diversity jurisdiction: 18 19 20 21 22 23 24 25 was filed with the Clerk of the Superior Court for King County. A copy of that complaint is 26
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(B) (DIVERSITY) - 1
LAW OFFICES OF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE TRIDENT SEAFOODS CORPORATION, a Washington corporation, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, a foreign insurance company, Case No.: 12-cv-2265 NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(B) (DIVERSITY) CLERK’S ACTION REQUIRED
TO:
THE CLERK OF THE COURT
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 King County ACE is the sole named defendant in a civil action filed in the Superior Court of
Washington, in and for King County, styled Trident Seafoods Corporation v. ACE American Insurance Company, case number 12-2-38756-7 SEA (the “state court action”). B. The State Court Action Was Commenced On Or About December 4, 2012, And Defendant Was Served On December 7, 2012 The state court action was commenced on or about December 4, 2012, when that action
COZEN O’CONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071
(206) 340-1000
Case 2:12-cv-02265-RSM Document 1 Filed 12/28/12 Page 2 of 4
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attached as Exhibit A to the Declaration of Rodney Q. Fonda. 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 Rodney Q. Fonda, pursuant to Local Rule (“LR”) 101(b). 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
1
By repeating Plaintiff’s allegations, ACE does not admit any are true.
LAW OFFICES OF
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(B) (DIVERSITY) - 2
COZEN O’CONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071
(206) 340-1000
Case 2:12-cv-02265-RSM Document 1 Filed 12/28/12 Page 3 of 4
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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. D. This Notice Of Removal Is Timely Filed With This Court, And ACE 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 defendant who was served via the Insurance Commissioner on December 7, 2012. Pursuant to 28 U.S.C. § 1446(d), ACE is also concurrently and timely filing a copy of this Notice of Removal in the state court action. DATED this 28th day of December, 2012. COZEN O'CONNOR By: /s/ Thomas M. Jones /s/ Rodney Q. Fonda Thomas M. Jones, WSBA No. 13141 Rodney Q. Fonda, WSBA No. 6594 1201 Third Avenue, Suite 5200 Seattle, Washington 98101 Telephone: 206.340.1000 Attorneys for Defendant ACE American Insurance Company
LAW OFFICES OF
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(B) (DIVERSITY) - 3
COZEN O’CONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071
(206) 340-1000
Case 2:12-cv-02265-RSM Document 1 Filed 12/28/12 Page 4 of 4
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SEATTLE\1431050\1 319073.000
CERTIFICATE OF SERVICE I hereby certify that on December 28, 2012, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system. I further certify that on December 28, 2012, I served a copy of the foregoing document upon the following interested parties in the manner indicated below: Michael D. Helgren, WSBA No. 12186 Barbara H. Schuknecht, WSBA No. 14106 Timothy B. Fitzgerald, WSBA No. 45103 McNaul Ebel Nawrot & Helgren, PLLC 600 University Street, Suite 2700 Seattle, Washington 98101-3143 Phone: (206) 467-1816 Attorneys for Plaintiff
(X) ( ) ( ) ( ) ( )
Via Legal Messenger Via Overnight Courier Via Facsimile Via U.S. Mail Via Email
DATED this 28th day of December, 2012. COZEN O'CONNOR By: /s/ Lisa Blakeney Lisa Blakeney, Legal Assistant 1201 Third Avenue, Suite 5200 Seattle, Washington 98101 Telephone: 206.340.1000
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(B) (DIVERSITY) - 4
LAW OFFICES OF
COZEN O’CONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071
(206) 340-1000

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D.E. 1 NOTICE OF REMOVAL from King County Superior Court, case number 12-2-38756-7; (Receipt # 0981-3059167), filed by Ace American Insurance Company..pdf60.67 KB

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