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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA THOMAS KRAEMER, an individual, Plaintiff, CIVIL ACTION CASE NO.

vs.

ACE INSURANCE COMPANY OF THE MIDWEST, a foreign corporation, Defendant.

NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. 1441 To the Clerk of the Above-Captioned Court: Please take notice that Defendant, ACE Insurance Company of the Midwest, a foreign insurance company organized under the laws of the state of Indiana, with its statutory office in Richmond, Indiana and principal place of business in Philadelphia, Pennsylvania (hereinafter referred to as ACE), by and through its undersigned counsel, Cozen OConnor, respectfully petitions this Court for removal of the above-captioned action initiated by Plaintiff, Thomas Kraemer (Plaintiff), who resides in Miami Beach, Florida, from the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida to the United States District Court for the Southern District of Florida, pursuant to 28 U.S.C. 1332, 1441 and 1446. As the basis and support for such removal, Defendant respectfully avers as follows:

1.

On November 12, 2013, Plaintiff commenced this action by filing a Complaint in

the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, styled

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Thomas Kraemer v. ACE Insurance Company of the Midwest, Case No. 2013-035351-CA-01 (the State Court Action), alleging breach of contract. (A true and correct copy of Plaintiffs Complaint is attached hereto, forming part of Exhibit A.) 2. On November 19, 2013, Plaintiffs counsel, Stuart Sobel, caused a copy of the

Summons and Complaint to be served on Jeff Atwater, Chief Financial Officer of the State of Florida, who is authorized to accept service of process on behalf of ACE as its registered agent. A copy of the Summons and Complaint was thereafter forwarded by electronic delivery to ACEs designated agent in Philadelphia, Pennsylvania on November 21, 2013. (A true and correct copy of Plaintiffs Notice of Service of Process and Summons are attached hereto, forming part of Exhibit A.) 3. 4. Plaintiff is a resident of Miami-Dade County. (See Complaint at 1). ACE is a foreign insurance company organized under the laws of the state of

Indiana, with its statutory office in Richmond, Indiana and principal place of business in Philadelphia, Pennsylvania . Signature Endorsement.) 5. Accordingly, for purposes of 28 U.S.C. 1332, diversity of citizenship existed (See Complaint at 2 and Exhibit A to the Complaint at

between Plaintiff and ACE at the time Plaintiff commenced this action in state court and continues to exist as of the time of filing this petition for removal. 6. Further, removal pursuant to 28 U.S.C. 1332 is proper because the amount in

controversy in the Complaint exceeds the jurisdictional threshold for removal. 7. ACE issued a homeowners insurance policy to Plaintiff bearing policy number

268-03-58-68H (the Policy), with a policy period May 10, 2012 through May 10, 2013. (See Complaint at 6 and Exhibit A to the Complaint.)

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8.

The Policy insures property located at 610 West Dilido Drive, Miami Beach, FL

33139 (the Insured Property). (See Complaint at 7). 9. On April 2, 2013, a fire occurred at the Insured Property causing damage. (See

Complaint at 9). 10. at 12.) 11. ACE issued payments to Plaintiff for the claimed property damage. (See Plaintiff made a claim under the Policy for the property damage. (See Complaint

Complaint at 13.) 12. Plaintiffs Complaint alleges that ACE breached the insurance policy and failed to

indemnify Kraemer in full for the loss. (See Complaint at 14, 15.) 13. full for: a) all replacement costs necessary to restore damage to the [Insured Property]; b) all replacement costs to restore or replace damage to [Plaintiffs] personal property; c) all Additional Living Expenses incurred. Id. 14. The Complaint seeks damages in excess of Fifteen Thousand and 00/100 Dollars Specifically, Plaintiffs Complaint alleges ACE failed to indemnify Kraemer in

($15,000.00). (See Complaint at 3.) 15. Simultaneous with filing the Complaint on November 12, 2013, Plaintiffs

counsel submitted a Sworn Statement in Proof of Loss to undersigned counsel on the same day, estimating Plaintiffs whole loss or damage at $1,735,000.00. (A true and correct copy of Plaintiffs Sworn Statement in Proof of Loss is attached hereto as Exhibit B.)

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16.

Specifically, Plaintiff claims approximately $800,000 to restore the home,

$330,000 for contents, $515,000 for additional living expenses and $90,000 for lost income from rentals. Id. 17. Plaintiffs Sworn Statement in Proof of Loss indicates at paragraph 9 that, as of

November 11, 2013, ACE issued payments to Plaintiff in the amount of $788,496.70 for the claimed property damage. Id. 18. Plaintiffs Sworn Statement in Proof of Loss further indicates at paragraph 10 that

the total amount claimed is $946,503.00 19. Because Plaintiffs Sworn Statement in Proof of Loss was submitted to

undersigned counsel for ACE on the same day Plaintiff filed his Complaint in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, it is a reliable indicator as to the amount in controversy in this matter, totaling $946,503.00, which exceeds the jurisdictional threshold of $75,000.00 for removal. 20. Accordingly, the State Court Action is one over which this Court has original

jurisdiction under the provisions of 28 U.S.C. 1332, and is one which may be removed under 28 U.S.C. 1441(a) and (b) because it is a civil action in which the amount in controversy exceeds the sum of $75,000, exclusive of interests and costs, and because complete diversity exists between Plaintiff and ACE. 21. ACEs Notice of Removal is timely brought by ACE within thirty (30) days after

service of the Summons and Complaint on Jeff Atwater, Chief Financial Officer of the State of Florida, on November 19, 2013.

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22.

Written notice of the filing of ACEs Notice of Removal will be given to all

parties via filing and uploading to the CM/ECF system and via email correspondence, and a true and correct copy will be electronically filed with the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, via the Courts e-Filing Portal, pursuant to 28 U.S.C. 1446(d).

WHEREFORE, Defendant, ACE Insurance Company of the Midwest, respectfully requests that this Court exercise jurisdiction over this matter as afforded pursuant to 28 U.S.C. 1332, 1441 and 1446, as well as grant such further relief as this Court deems just and proper.

Respectfully submitted this 19th day of December, 2013. December 19, 2013 /s/ Kellyn J. W. Muller

Kellyn J. W. Muller Florida Bar No.: 0103925 kmuller@cozen.com COZEN OCONNOR One North Clematis Street Suite 510 West Palm Beach, FL 33401 (561) 515-5267 Fax No. (561) 515-5231 Counsel for Westchester Surplus Lines Insurance Company

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CERTIFICATE OF SERVICE

I hereby certify that on December 19, 2013, I presented the foregoing to the Clerk of the Court for filing and uploading to the CM/ECF system.

December 19, 2013

/s/

Kellyn J. W. Muller

Kellyn J. W. Muller Florida Bar No.: 0103925 kmuller@cozen.com COZEN OCONNOR One North Clematis Street Suite 510 West Palm Beach, FL 33401 (561) 515-5267 Fax No. (561) 515-5231 Counsel for Westchester Surplus Lines Insurance Company

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