Free Remark - District Court of Delaware - Delaware

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_. Case 1:07-cv—OO640—GIVIS—IVIPT D0cument5 Filed O4/21/ZOOFF Fiaglit E 2 Ab
IN THE UNITED STATES DISTRICT COURT APR 2 1 2005 NF.
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION MICHAEL W. DOBB
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NEW CENTURY MORTGAGE CORP., )
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Plaintiff, )
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v. )
) Formerly Case N0. 05CHO537l
GREAT NORTHERN INSURANCE ) Circuit Court of Cook County
COMPANY, FEDERAL INSURANCE ) Chancery Division
COMPANY, d PAUL BERNSTEIN
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Defendants. ) , ,. ,. ,.,;.,r ., ,, _,.
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INSURER DEFENDANTS’ LOCAL RULE 81.2 STATEMENT
OF JURISDICTIONAL AMOUNT
Defendants, GREAT NORTHERN INSURANCE COMPANY and FEDERAL
INSURANCE COMPANY (hereinafter, "the Insurer Defendants”) by and through their
attorneys, TRESSLER SODERSTROM, MALONEY & PRIESS, and for their Local Rule 81.2
Statement of Jurisdictional Amount, state as follows:
l. The Insurer Defendants have a good faith belief that the amount in controversy in
this claim exceeds $75,000, exclusive of interest and costs. As demonstrated below, this good
faith belief is based upon the allegations in the complaint, the settlement agreement in the
underlying case for which New Century seeks indemnification, and New Century’s own
admission.
2. In paragraphs 31 and 49 ofthe Cook County Complaint, New Century alleges that
the amount of the settlement for which it seeks coverage in this action is $1.95 million. These

_ Case 1:O7—cv—OO640-G|V|S—IV|PT Document 5 Filed O4/21/2005 Page 2 of 2
allegations, in and of themselves, establish that the value of this claim exceeds $75,000. (See,
Appendix submitted herewith, Exhibit A, lljl 31 and 49.)
3. To the extent the Court requires additional information about the value of this
case, it need only refer to the Settlement Agreement which is included as Exhibit B in the
Appendix submitted herewith. Paragraph 5 of that settlement agreement confirms that the
settlement amount at issue in this coverage dispute is $1.95 million.
4. Finally, in a previously tiled federal case regarding coverage for exactly the same
settlement (Case No. 04 C 60606), New Century admitted in its Answer that the value of this
claim exceeds $75,000. (See, Appendix, Exhibit C, 1l 6.) Judge Conlon dismissed the case
without prejudice on January 10, 2005 because of the existence of an earlier-tiled related action
in District Court of Hennepin County, Minnesota. On March 18, 2005, the Hennepin County
Court dismissed that action based on forum non conveniens, and the Insurer Defendants
subsequently moved to reinstate their original federal action before Judge Conlon. Judge
Conlon had not resolved the motion to reinstate as of the Bling of the Notice of Removal.
Dated: April 21,2005
GREAT NORTHERN INSURANCE COMPANY
FEDERAL INSURANCE OMPANY
I A
One of their tomeys fl
Daniel J . Cunningham
Kathy Karaboyas Malamis
TRESSLER, SODERSTROM, MALONEY & PRIESS
Sears Tower, 22nd Floor
233 South Wacker Drive
Chicago, Illinois 60606-6308
(312) 627-4000
2

Case 1:07-cv-00640-GMS-MPT

Document 5

Filed 04/21/2005

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Case 1:07-cv-00640-GMS-MPT

Document 5

Filed 04/21/2005

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