Case 2:12-cv-01502-RSM Document 1 Filed 09/04/12 Page 1 of 4

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE J.R. ABBOTT CONSTRUCTION INC., a Washington corporation, NO. Plaintiff, NOTICE OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT

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vs. ZURICH AMERICAN INSURANCE COMPANY, an Illinois corporation; AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, an Illinois corporation; TRAVELERS INDEMNITY COMPANY d/b/a CHARTER OAK FIRE INSURANCE COMPANY, a Connecticut corporation; ILLINOIS UNION INSURANCE COMPANY, an Illinois corporation; and INTERSTATE FIRE AND CASUALTY COMPANY, an Illinois corporation, Defendants.

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TO:

The Honorable Judges of the United States District Court for the Western District of Washington at Seattle Petitioner and defendant Interstate Fire and Casualty Company ("Interstate") hereby

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removes the above-captioned action from the Superior Court of Washington for King County, 26
NOTICE OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT - 1

CARNEY BADLEY SPELLMAN

701 Fifth Avenue, Suite 3600 Seattle, Washington 98104-7010 T (206) 622-8020 F (206) 467-8215

FIROIO 0004 nh31dw60tj

Case 2:12-cv-01502-RSM Document 1 Filed 09/04/12 Page 2 of 4

Cause No. 12-2-26260-8 SEA, to this Court pursuant to 28 U.S.c. 2 3 4

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SS

1332, 1441, and 1446.

Interstate states the following grounds for removal. I. INTRODUCTION

Plaintiff filed a Complaint against Interstate for Breach of Contract, Violation of the Washington State Consumer Protection Act, Bad Faith, Declaratory Judgment and reserves its right to state a claim for Violation of the Washington Insurance Fair Conduct Act in the state court action. Plaintiff seeks to recover more than $75,000 from Interstate. Plaintiff and

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defendants are citizens of different states. Interstate is removing the state court action under the diversity statute, 28 U.S.C.

1332. II. BASIS OF JURISDICTION UNDER DIVERSITY

Diversity vests the U.S. District Courts with original jurisdiction where the matter in controversy exceeds $75,000 and is between citizens of different states. 28 U.S.c.

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1332( a)( I). The Complaint alleges both that the citizenship of the parties meet the diversity

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of citizenship requirements and that the amount in controversy exceeds the jurisdictional requirements for federal court diversity jurisdiction. removal. Under CR 101, if the complaint does not set forth the dollar amount, a timely removal petition may be made if "a reasonable person, reading the complaint of the plaintiff, would conclude that the plaintiff was seeking damages in an amount greater than the minimum Complaint, ~~ 7, 8. This action merits

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23 24 25 jurisdictional amount of this court." Here, while the dollar amount in controversy is not set out, plaintiff has plainly alleged that "[t]he amount in controversy exceeds the jurisdictional requirements for federal court diversity jurisdiction." Complaint, ~ 8. Interstate also

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NOTICE OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT - 2

CARNEY BADLEY SPELLMAN

701 Fifth Avenue, Suite 3600 Seattle, Washington 98104-7010 T (206) 622-8020 F (206) 467-8215

FIRO I 0 0004 nh31 dw60tj

Case 2:12-cv-01502-RSM Document 1 Filed 09/04/12 Page 3 of 4

understands
2

that

the

underlying

lawsuit

filed

by

Christopher

Ellinger

("Ellinger

lawsuit/claim") has settled for an amount exceeding the jurisdictional requirements for federal court. It is on these grounds that Petitioner Interstate bases its good faith belief that plaintiff is seeking damages in excess of the jurisdictional amount of this court, and because the

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plaintiff and defendants are also diverse, this action merits removal. III. CONSENT OF OTHER DEFENDANTS

The undersigned has spoken with counsel for defendants Zurich American Insurance 8
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Company, American Guarantee and Liability Insurance Company and Travelers Indemnity Company, and those defendants have consented to removal, or indicated that they had no objection to removal. Declaration of Emilia L. Sweeney. As of the date of filing of this

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removal petition, it is unclear whether Illinois National ha~ yet been served, or who is representing Illinois National. Interstate has no reason to believe that Illinois National, if

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served, would not consent to removal. Id. 15 16

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IV.

CONCLUSION

For all the above and foregoing, Petitioner Interstate respectfully requests this case be removed from state to federal court. DATED this 4-1:7:;ay of September, 2012. sl Emilia L. Sweeney Emilia L. Sweeney, WSBA No. 23371 Attorneys for Defendant Interstate Fire and Casualty Company CARNEY BADLEY SPELLMAN, P.S. 701 Fifth Avenue, Suite 3600 Seattle, W A 98104 Phone: (206) 622-8020 Facsimile: (206) 467-8215 sweeney@carneylaw.com

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NOTICE OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT - 3

CARNEY BADLEY SPELLMAN

701 Fifth Avenue, Suite 3600 Seattle, Washington 98104-7010 T (206) 622-8020 F (206) 467-8215

F1ROIO 0004 nh31dw60tj

Case 2:12-cv-01502-RSM Document 1 Filed 09/04/12 Page 4 of 4

CERTIFICATE OF SERVICE 2
3 4 I hereby certify that on day of September, 2012, I electronically filed the foregoing Notice of Removal of Civil Action to Federal Court with the Clerk of the Court using the CM/ECF system and have served a true and correct copy of the foregoing document on the party listed below via legal messenger: Richard H. Skalbania ASHBAUGH BEAL 701 Fifth Avenue, Suite 4400 Seattle, Washington 98104 (206) 386-5900 rskalbania@lawasresults.com Thomas Lether Eric Jay Neal LETHER & ASSOCIATES, PLLC 3316 Fuhrman Avenue E, Suite 250 Seattle, Washington 98102-3800 (206) 467-5444 tlether@letherlaw.com eneal@leatherlaw.com

1.J-.

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Attorneys for Plaintiff

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12 13 14 Jacquelyn A. Beatty KARR TUTTLE CAMPBELL 1201 Third Avenue, Suite 2900 Seattle, Washington 98101-3284 (206) 223-1313 jbeatty@karrtuttle.com

Attorneys for Defendant Travelers Indemnity Co.

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Attorneys for Defendants American Guarantee & Liability Insurance Co. and Zurich American Insurance Co.

Claire(;! (;09
Legal Assistant

to Emilia L. Sweeney

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NOTICE OF REMOVAL OF CIVIL ACTION TO FEDERAL COURT - 4

CARNEY BADLEY SPELLMAN

701 Fifth Avenue, Suite 3600 Seattle, Washington 98104-7010 T (206) 622-8020 F (206) 467-8215

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