Case 1:14-cv-21106-CMA Document 1 Entered on FLSD Docket 03/26/2014 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA HIDDEN RIVER GRANDE, LLC d/b/a HIDDEN RIVER GRANDE APARTMENTS, Plaintiff, CASE NO. vs.

CIVIL ACTION

WESTCHESTER SURPLUS LINES INSURANCE COMPANY, 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, Westchester Surplus Lines Insurance Company, a foreign insurance company organized under the laws of the state of Georgia, with its principal place of business in Alpharetta, Georgia (hereinafter referred to as WSLIC), by and through its undersigned counsel, Cozen OConnor, respectfully petitions this Court for removal of the above-captioned action initiated by Plaintiff, Hidden River Grande, LLC d/b/a Hidden River Grande Apartments (Plaintiff), a limited liability company organized under the laws of Florida, with its principal place of business in Miami, 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, WSLIC respectfully avers as follows:

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1.

On February 12, 2014, 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 Hidden River Grande, LLC d/b/a Hidden River Grande Apartments, Case No. 2014-3772-CA-22 (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 February 24, 2014, Plaintiffs counsel, Christopher J. Maranges, 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 WSLIC as its registered agent. A copy of the Summons and Complaint was thereafter forwarded by electronic delivery to WSLICs designated agent in Philadelphia, Pennsylvania on February 26, 2014, 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 2.) WSLIC is a foreign insurance company organized under the laws of the state of

Georgia, with its principal place of business in Alpharetta, Georgia. (See Exhibit A to the Complaint at Signature Endorsement.) 5. Accordingly, for purposes of 28 U.S.C. 1332, diversity of citizenship existed

between Plaintiff and WSLIC 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.

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7.

WSLIC issued a commercial property insurance policy to Plaintiff bearing policy

number D37374970 004 (the Policy), with a policy period February 1, 2013 through February 1, 2014. (See Complaint at 4-5 and Exhibit A to the Complaint.) 8. The Policy insures property located at 4702 Puritan Road, Tampa, Florida 33617

(the Insured Property). (See Complaint at 4.) 9. On or about June 26, 2013, Plaintiff alleges the Insured Property sustained

damage as a result of wind and hail. (See Complaint at 6.) 10. Plaintiff made a claim under the Policy for the alleged property damage. (See

Complaint at 8.) 11. Plaintiff retained GlobalPro Recovery, Inc. to assist it with the preparation,

presentation, adjustment, appraisal, negotiation and settlement of its property damage claim. (A true and correct copy of GlobalPros July 10, 2013 notice of retention by Plaintiff to WSLIC, along with GlobalPros executed contract with Plaintiff, are attached hereto as Exhibit B.) 12. 13. WSLIC retained Vericlaim to assist it with the handling of Plaintiffs claim. WSLIC issued payment to Plaintiff for the claimed property damage in the

amount of $40,106.24. (See Complaint at 10.) (See also a true and correct copy of Vericlaims February 4, 2014 letter to GlobalPro and attached Statement of Loss, attached hereto as Exhibit C.) 14. Plaintiffs Complaint alleges that WSLIC breached the insurance policy and failed

to fully compensate Plaintiff for the loss. (See Complaint at 11, 12, 17.) 15. The Complaint seeks damages in excess of $15,000 exclusive of interest, costs,

and attorneys fees. (See Complaint at 1, 18.)

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16.

While Plaintiffs Complaint does not set out a prayer for relief in a specific

monetary amount, Plaintiffs damages estimate pertaining to the alleged property damage at the Insured Property caused by the June 26, 2013 wind and hail event, prepared by GlobalPro and dated August 23, 2013, totals $1,044.874.90. (A true and correct copy of GlobalPros August 23, 2013 Estimate of damages is attached hereto as Exhibit D.) 17. GlobalPros August 23, 2013 damages estimate is a reliable indicator that the

amount in controversy in this matter exceeds the jurisdictional threshold of $75,000.00 for removal. 18. 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 WSLIC. 19. WSLICs Notice of Removal is timely brought by WSLIC within thirty (30) days

after service of the Summons and Complaint on Jeff Atwater, Chief Financial Officer of the State of Florida, on February 26, 2014. 20. Pursuant to 28 U.S.C. section 1391, WSLIC reserves the right to seek transfer to a

different venue and more convenient forum. 21. Written notice of the filing of WSLICs 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

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Circuit in and for Miami-Dade County, Florida, via the Courts e-Filing Portal, pursuant to 28 U.S.C. 1446(d).

WHEREFORE, Defendant, Westchester Surplus Lines Insurance Company, 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 26th day of March, 2014.

March 26, 2014

/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 Telephone: (561) 515-5267 Fax: (561) 515-5231 Counsel for Westchester Surplus Lines Insurance Company

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on March 26, 2014, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the attached Service List by Electronic Mail.

March 26, 2014

/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 Telephone: (561) 515-5267 Fax: (561) 515-5231 Counsel for Westchester Surplus Lines Insurance Company

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SERVICE LIST

Michael J. Higer, Esq. Christopher J. Maranges, Esq. Gray W. Rifkin, Esq. HIGER LICHTER & GIVNER, LLP 18305 Biscayne Boulevard, Suite 302 Aventura, FL 33160 Telephone: (305) 933-9970 Fax: (305) 933-0998 Email: mhiger@hlglawyers.com cmaranges@hlglawyers.com grifkin@hlglawyers.com Counsel for Plaintiff

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