Free Case Transferred In - District Transfer - District Court of Delaware - Delaware

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Case 1 :05-cv—00868-SLR Document 7-7 Filed 12/15/2005 Page 1 BLIE?-fR°N'i’/—__L:g-_D.C.
Nov 2 2005
UNITED STATES DISTRICT COURT
SOUTHERN Drsrmcr or FLORIDA CEQQEEUTQ? §.%‘1?°é§.
S. D. OF FLA. - MIAMI
Case No. 05-21918-civ-Lenard/Klein
JAIME JALIFE )
)
Plaintiff, )
)
vs. )
)
ACE CAPITAL AND OTHERS )
UNDERWRITING AT LLOYD’S )
SEVERALLY SUBSCRIBING TO)
POLICY NO. A5BGLY1’70, )
)
Defendants. )

NOTICE OF FILING
Notice is hereby given that Plaintiff, JAIME J ALIFE, by and through undersigned
counsel, files the following:
l. Attachment 1 to Plaintiffs Response to Underwriters Motion to Dismiss
or in the Alternative Transfer the Case.
Respectfully Submitted.
MOORE & COMPANY, P.A.
355 Alhambra Circle, Suite 1100
Coral Gables, FL 33134
(786) 221-0600 (Telephone)
(786) 221-0601 (Fax)
michael@moore-and—co.net
/s/ Scott A. Wagner
Scott Wagner, Esq.
Fla. Bar No. 10244
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Case 1 :05-cv—00868-SLR Document 7-7 Filed 12/15/2005 Page 2 of 3
Case N0. 05-21918-civ-Lenard/Klein
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
via US Mail on November 2, 2005 to all parties per the following service list:
STROUP & MARTIN, P.A.
Attorneys for Defendants
119 SE 12th Street (Davie Blvd.)
Fort Lauderdale, FL 33316
954-462-8808 (Telephone)
954-462-0278 (Fax)
/s/ Scott A. Wagner
Scott Wagner, Esq. FTIR
2
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Case 1 :05-cv—00868-SLR Document 7-7 Filed 12/15/2005 Page 3 of 3 4 3
INSTII LATE; SERVICE QF SUIT CLAUSE {U.S.A.)
It is agreed that in the event of the failure of the Underwriters severally subscribing this
insurance (the Underwriters) to pay any amount claimed to be due hereunder, the
Underwriters, at the request ofthe Assured, will submit to the jurisdiction of a court of
competentjurisdiction within the United States of America.
Notwithstanding any provision elsewhere in this insurance relating to jurisdiction, it is
agreed that the Underwriters have the right to commence an action in any court of
competentjurisdiction in the United States of America, and nothing in this clause
constitutes or should be understood to constitute a waiver of the Underwritefs rights to
remove an action to a United States Federal District Court or to seek remand therefrom or
to seek a transfer of any suit to any other court of competentjurisdiction as permitted by
the laws ofthe United States of America or any state therein.
Subject to the Underwriters rights set forth above:
(a) It is further agreed that the Assured may serve process upon any senior partner in
the firm of:
MENDES & MOUNT (Attorneys), 750 Seventh Avenue, New York, NY. 10016
(b) The above named are authorized and directed to accept service of process on behalf
of Underwriters in any such suit and/or upon the request of the Assured to give a
written undertaking to the Assured that they will enter a general appearance upon
the Underwriters behalf in the event such a suit shall be instituted.
(c) The right of the Assured to bring suit as provided herein shall be limited to a suit
brought in its own name and for its own account. For the purpose of suit as herein
provided the word Asstued includes any mortgagee under a ship mortgage which is
specifically named as a loss payee in this insurance and any person succeeding to
the rights of any such mortgagee.
(ci) Further, pursuant to any statute of any state, territory or district of the United States
of America which makes provision therefor, Underwriters hereby designate the
Superintendent, Commissioner or Director of Insurance or other officer specified
for that purpose in the stature, or his successor or successors in office (the Officer),
as their true and lawful attorney upon whom may be served any lawful process in
any action, suit of proceeding instituted by or on behalf of the Assured or any
beneficiary hereunder arising out of this contract of insurance, and hereby designate
the above named as the person to whom the Officer is authorized to mail such
process or a true copy thereof
If this clause is attached to a contract of reinsurance the terms insurance and Assured shall
mean reinsurance and Reassured respectively.
CL. 355
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