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) CLERKS 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 OCONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071

(206) 340-1000

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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 Commissioners 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 plaintiffs 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) ACEs 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 Plaintiffs 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 OCONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071

(206) 340-1000

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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 OCONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071

(206) 340-1000

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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 OCONNOR
A PROFESSIONAL CORPORATION 1201 THIRD AVENUE SUITE 5200 SEATTLE, W ASHINGTON 98101-3071

(206) 340-1000