Free Notice of Removal - District Court of Delaware - Delaware

in Case 1:05-cv—00309-KAJ Document 1 Filed 05/18/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHRISTIANA VENTURES, INC., and :
JOSEPH CAPANO, :
Plaintiffs,
: C.A. No.
v. :
SELECTIVE WAY INSURANCE COMPANY
afkfa SELECTIVE INSURANCE GROUP, :
INC., :
Defendant.
NOTICE OF REMOVAL
Pursuant to Title 28 U.S.C. §l441 , defendant Selective Way Insurance Company
("Se1ective") hereby files this Notice of Removal and states as follows:
1. On or about April 11, 2005, plaintiffs commenced a lawsuit entitled Christiana
Ventures, Inc., et al. v. Selective Way Insurance Company, Civil Action No. 05C—04-094 JRS, in
the Superior Court In And For New Castle County, Delaware. Copies of the Complaint and
Summons were served on the Delaware Insurance Commissioner on April 26, 2005 pursuant to
18 _[)$C_, § 525. The Delaware Insurance Commissioner mailed the Summons and Complaint
to Selective on April 27, 2005. Under 18 QeLQ § 525(b), service was deemed to have been
effected three days after the mailing, Le., on April 30, 2005. The Summons and Complaint were
received by Selective on May 3, 2005.
2. Pursuant to Title 28 U.S.C. § 1446(a), defendant Selective has attached as Exhibit
A, a copy ofthe Complaint and Summons that were served on Selective in the above-referenced
Superior Court action. The documents attached as Exhibit A represent all the process, pleadings,

Case 1 1 Filed 05/18/2005 Page 2 of 3
and orders served upon Selective in the Superior Court action. No further proceedings have
occurred in the Superior Court action.
3. Plaintiff Christiana Ventures, Inc., upon information and belief, was, at the time
the Superior Court action was commenced, and still is, a Delaware corporation with its principal
place of business in Delaware. Plaintiff Joseph Capano, upon information and belief, was, at the
time the Superior Court action was commenced, and still is, a Delaware citizen.
4. Selective is a New Jersey corporation with its principal place of business in New
Jersey.
5. This action is a civil action in which plaintiffs claim, damages allegedly suffered
as a consequence of Sclective’s alleged wrongful failure to defend it under the terms of an
insurance policy to which plaintiffs allegedly are insureds. Upon information and belief, the
amount in controversy, exclusive of interest and costs, exceeds $75,000.
6. This case is removable to this United States District Court by virtue of the amount
in controversy and the complete diversity that exists between plaintiffs and defendant.
Consequently, this Court has jurisdiction over this dispute pursuant to Title 28 U.S.C. § 1332,
and the case may be removed pursuant to Title 28 U.S.C. § 1441.
7. Pursuant to Title 28 U.S.C. $ l446(b), this Notice of Removal is tiled with this
Court within 30 days after receipt by defendant, through service or otherwise, of the initial
pleading, setting forth the claim for relief upon which the above-referenced Superior Court
action is based.
WHEREFORE, Selective Way lnsurance Company respectfully requests that the above-
referenced action be removed from the Superior Court of the State of Delaware In And For New
Castle County to this Court.
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Case 1:05-cv-00309-KAJ Document 1 Filed 05/18/2005 Page 3 of 3
Respectfully Submitted,
1 - .2/1/
Jo than L. Parshall (#3247)
M RPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
(302) 472-8106
Fax: (302) 472-8135
e-mail: [email protected]
Attorneys for Defendant
Selective Way Insurance Company
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