Bankers Standard Insurance Company filed a Notice of Removal to transfer a lawsuit filed against it in state court to federal court. The lawsuit was brought by Alan and Arllyn Freeman regarding an insurance claim for water damage to a painting insured for $250,000. Bankers Standard asserts federal jurisdiction is proper because there is complete diversity of citizenship between the plaintiffs and defendant, and the amount in controversy exceeds $75,000. Bankers Standard denies liability but alleges the value of the damaged property meets the jurisdictional requirement for removal to federal court.
Bankers Standard Insurance Company filed a Notice of Removal to transfer a lawsuit filed against it in state court to federal court. The lawsuit was brought by Alan and Arllyn Freeman regarding an insurance claim for water damage to a painting insured for $250,000. Bankers Standard asserts federal jurisdiction is proper because there is complete diversity of citizenship between the plaintiffs and defendant, and the amount in controversy exceeds $75,000. Bankers Standard denies liability but alleges the value of the damaged property meets the jurisdictional requirement for removal to federal court.
Original Description:
Original Title
FREEMAN et al v. BANKERS STANDARD INSURANCE COMPANY notice of removal
Bankers Standard Insurance Company filed a Notice of Removal to transfer a lawsuit filed against it in state court to federal court. The lawsuit was brought by Alan and Arllyn Freeman regarding an insurance claim for water damage to a painting insured for $250,000. Bankers Standard asserts federal jurisdiction is proper because there is complete diversity of citizenship between the plaintiffs and defendant, and the amount in controversy exceeds $75,000. Bankers Standard denies liability but alleges the value of the damaged property meets the jurisdictional requirement for removal to federal court.
Bankers Standard Insurance Company filed a Notice of Removal to transfer a lawsuit filed against it in state court to federal court. The lawsuit was brought by Alan and Arllyn Freeman regarding an insurance claim for water damage to a painting insured for $250,000. Bankers Standard asserts federal jurisdiction is proper because there is complete diversity of citizenship between the plaintiffs and defendant, and the amount in controversy exceeds $75,000. Bankers Standard denies liability but alleges the value of the damaged property meets the jurisdictional requirement for removal to federal court.
NOTICE OF REMOVAL Pursuant to 28 U.S.C. 1332, 1441(a), and 1446(a), Defendant, Bankers Standard Insurance Company ("Defendant" or "Bankers") petitions the Court for removal of the action described below from the Circuit Court of Cook County, Illinois to this Court, and in support thereof, states as follows: 1. On April 4, 2014, Plaintiffs, Alan Freeman and Arllyn Freeman ("Plaintiffs") filed an action against Defendant in the Circuit Court for Cook County, Illinois, under Case Number 2014 L 003844. 2. A copy of Plaintiffs Complaint, which was accepted by Defendants counsel for service on April 9, 2014, is attached as Exhibit A. 3. Plaintiffs Complaint seeks monetary damages for breach of an insurance policy and for violation of Section 155 of the Illinois Insurance Code arising out of Plaintiffs claim for insurance proceeds due to water damage to a painting at Plaintiffs residence at 65 E. Goethe Street in Chicago, Illinois, in November 2013.
O:\Freeman, Alan\Pleadings\Notice of Removal.docx BASIS FOR FEDERAL JURISDICTION 4. This court has original jurisdiction of this action under 28 U.S.C. 1332 because there is complete diversity of citizenship between the parties and the amount in controversy, exclusive of interest and costs, exceeds $75,000.00. See 28 U.S.C. 1441. 5. Removal to the United States District Court for the Northern District of Illinois, Eastern Division, is proper because it is the district and division embracing the place where the removed action was pending. 28 U.S.C. 1441(a). DIVERSITY OF CITIZENSHIP 6. Plaintiffs, Alan and Arllyn Freeman, are citizens of Illinois. Pls.' Compl. 1. 7. Defendant, Bankers Standard Insurance Company, is a Pennsylvania corporation with its principal place of business in Pennsylvania. 8. Therefore, there exists complete diversity of citizenship between Plaintiffs and Defendant. AMOUNT IN CONTROVERSY 9. The Complaint alleges that, as a direct and proximate result of Bankers conduct, Plaintiffs have been harmed in an amount in excess of $50,000. Pls. Compl. 8. Plaintiffs prayer for relief requests a judgment against Bankers for actual damages in excess of $50,000 plus costs, attorneys fees, and all relief available under 215 ILCS 5/155. Pls. Compl. at p. 2. 10. While the Complaint does not plead a specific amount in controversy in excess of the jurisdictional amount required under 28 U.S.C. 1332, Defendant alleges that the amount in controversy, exclusive of interest and costs, is in excess of $75,000. The facts and reasons supporting Defendant's allegation as to the amount in controversy are set forth below. Case: 1:14-cv-03314 Document #: 1 Filed: 05/07/14 Page 2 of 4 PageID #:2 3
O:\Freeman, Alan\Pleadings\Notice of Removal.docx 11. The damaged property at issue is a painting by Robert Rauschenberg that Plaintiffs allege was destroyed by water in November 2013, at which time it was insured by Bankers under a policy of insurance. Pls. Compl. 5-6. Portions of the insurance policy are attached to the Complaint as Exhibit 1. Pls. Compl. 4. 12. The painting was insured under the policy up to a limit of $250,000. Pls. Compl. Ex. 1 (see Policy No. 268-05-13-62V, Valuables Declarations Page, Item 15). Alan Freeman represented during an examination under oath, taken by Bankers as part of its investigation of Plaintiffs claim, that the painting was valued at $250,000 as of November 2013. 13. Bankers disputes Plaintiffs allegations and denies that it is liable to Plaintiffs for any amount. 14. Based on the foregoing, Bankers alleges that the amount in controversy, exclusive of interest and costs, exceeds $75,000. REMOVAL PROCEDURE 15. This Notice of Removal is timely filed because it was filed within thirty days after receipt of Plaintiffs initial pleading. See 28 U.S.C. 1446(b)(1). 16. Promptly after filing this Notice of Removal Bankers will provide written notice of same to Plaintiffs and will file with the clerk of the Circuit Court of Cook County, Illinois a notice of filing of notice of removal. See 28 U.S.C. 1446(d). WHEREFORE, Defendant, Bankers Standard Insurance Company, hereby requests that this action now pending against it in the Circuit Court for Cook County, Illinois be removed to this Court. Dated: May 7, 2014 Respectfully submitted,
/s/Matthew S. Ponzi Case: 1:14-cv-03314 Document #: 1 Filed: 05/07/14 Page 3 of 4 PageID #:3 4
O:\Freeman, Alan\Pleadings\Notice of Removal.docx Matthew S. Ponzi mponzi@fgppr.com Matthew P. Fortin mfortin@fgppr.com Foran Glennon Palandech Ponzi & Rudloff PC 222 North LaSalle Street, Suite 1400 Chicago, IL 60601 312.863.5000
Attorneys for Defendant, Bankers Standard Insurance Company
CERTIFICATE OF SERVICE
I hereby certify that on this 7 th day of May, 2014, I electronically transmitted the attached document to the Clerk of the Court using the ECF System for filing. A copy of this document will be sent to the attorneys below not yet listed on the CM/ECF filing list via U.S. Mail:
Attorneys for Alan Freeman and Arllyn Freeman Andrew Staes Stephen Scallan Staes & Scallan, P.C. 111 W. Washington St., Suite 1631 Chicago, IL 60602 (312) 201-8969
/s/Matthew S. Ponzi Matthew S. Ponzi mponzi@fgppr.com Matthew P. Fortin mfortin@fgppr.com Foran Glennon Palandech Ponzi & Rudloff PC 222 North LaSalle Street, Suite 1400 Chicago, IL 60601 312.863.5000
Attorneys for Defendant, Bankers Standard Insurance Company
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