Case 1:13-cv-03189-ELH Document 1 Filed 10/28/13 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND BALTIMORE DIVISION

JEFFERY MALTESE 111 Westholme Lane Severna Park, MD 21146 vs. ACE AMERICAN INSURANCE COMPANY 436 Walnut Street Philadelphia, PA 19106

: : : : : : : : : :

Civil Action No. __________

NOTICE OF REMOVAL ACE American Insurance Company (ACE), by and through undersigned counsel, respectfully avers as follows: 1. On September 10, 2013, Plaintiff Jeffery Maltese filed a complaint against

ACE in the Circuit Court for Anne Arundel County, Case Number 02-C-13-181646-CN. 2. On October 16, 2013, ACE was served with a summons and a copy of the

complaint, true and correct copies of which are attached hereto as Exhibit A. 3. Apart from the papers attached as Exhibit A, no other process, pleadings, or

orders have been served upon ACE. 4. In his complaint, Plaintiff alleges that he is the named insured under a

policy of marine insurance pertaining to a 2000 Cruisers 3075 watercraft (the Vessel), that the Vessels hull was damaged, and that ACE as the insurer breached an alleged obligation under the policy to cover the damage. The complaint also includes a request for declaratory relief concerning the parties respective rights under the policy.

Case 1:13-cv-03189-ELH Document 1 Filed 10/28/13 Page 2 of 3

5.

A contract to insure a vessel is a maritime contract, and a case arising out of

a maritime contract is within the admiralty or maritime jurisdiction of this Court, which has original jurisdiction over such a case as set forth in 28 U.S.C. 1333(1). 6. Plaintiffs lawsuit is removable as provided by 28 U.S.C. 1441(a),

inasmuch as this Court has original jurisdiction of any case of admiralty or maritime jurisdiction and no Act of Congress expressly precludes removal of this lawsuit. 7. Moreover, this Court has diversity jurisdiction under 28 U.S.C. 1332(a)

because the complaint seeks damages exceeding $75,000 exclusive of interest and costs, and the parties are citizens of different statesPlaintiff being a citizen of Maryland and ACE being a Pennsylvania corporation with its principal place of business in Pennsylvania. Section 1441(b) therefore provides an alternative basis for removal. 8. This Notice of Removal is being filed within 30 days of October 16, 2013,

the earliest date on which ACE received a copy of the complaint. WHEREFORE, ACE removes to this Court the action pending in the Circuit Court for Anne Arundel County (Case Number 02-C-13-181646 CN).

Respectfully submitted, PALMER BIEZUP & HENDERSON LLP Dated: October 25, 2013 By: /s/ Frank P. DeGiulio Frank P. DeGiulio (ID 27059) 190 N. Independence Mall West Suite 401 Philadelphia, PA 19106 (215) 625-9900 (215) 625-0185 (fax) fpd@pbh.com Attorneys for Defendant, ACE American Insurance Company

Case 1:13-cv-03189-ELH Document 1 Filed 10/28/13 Page 3 of 3

Of counsel: Michael B. McCauley Daniel H. Wooster PALMER BIEZUP & HENDERSON LLP 190 N. Independence Mall West, Suite 401 Philadelphia, PA 19106 (215) 625-9900 (215) 625-0185 (fax) mccauley@pbh.com dwooster@pbh.com

CERTIFICATE OF SERVICE I hereby certify that, on this 25th day of October 2013, a true and correct copy of this Notice of Removal was sent by first-class mail to:

J. Dirk Schwenk, Esq. Baylaw, LLC 30C West Street Annapolis, MD 21401

/s/ Frank P. DeGiulio