Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00865-GMS

Document 13

Filed 05/27/2005

Page 1 of 2

1220 N. Market St., 5th Floor, P.O. Box 8888 · Wilmington, DE 19899-8888 (302) 552-4300 · Fax (302) 651-7905 Direct Dial: 302-552-4317 Email: [email protected]

May 27, 2005 HAND DELIVER The Honorable Gregory M. Sleet United States District Court 844 North King Street Lock Box 19 Wilmington, DE 19801

Re:

Capitol Cleaners v. Transcontinental Insurance Company C.A. No.: 04-865-GMS Our File No.: 03127-00745

Dear Judge Sleet: Plaintiff's transparent efforts to divest this Court of its proper diversity jurisdiction by including nonexistent entities ("CNA Insurance Company and CNA Insurance Group, Inc.") as parties ­ notwithstanding the undisputed fact that this is a straightforward coverage dispute between plaintiff and the insurance carrier who issued the policy at issue, Transcontinental Insurance Co. ­ continues, Transcontinental Insurance Co. hereby submits this letter-brief in an effort to make the record absolutely clear on this issue. The "CNA Entities" Do Not Exist Plaintiff contends that serving it's Complaint on the Secretary of State for the State of Delaware establishes that "CNA Insurance Companies" and "CNA Insurance Group, Inc." are viable defendants. Respectfully, Transcontinental Insurance Co. simply relies upon the attached Certificate from the Secretary of State of the State of Delaware which confirm, conclusively that the "CNA Entities" are "no longer in existence . . . under the laws of the State of Delaware having become inoperative and void the first day of March, A.D. 1996" (i.e., before the inception date of the insurance policy at issue in this litigation between plaintiff and Transcontinental Insurance Co.).

Case 1:04-cv-00865-GMS Honorable Gregory M. Sleet May 27, 2005 Page 2

Document 13

Filed 05/27/2005

Page 2 of 2

Even If The "CNA Entities" Existed, They Have Nothing To Do With This Litigation and Must Be Disregarded For Purposes Of Determining Whether Diversity Jurisdiction Exists Attached as Exhibit "B" is the Declaration of David Lehman, the Assistant Secretary of Transcontinental Insurance Company. Mr. Lehman's Declaration makes clear, conclusively, that the "CNA Entities" have nothing whatsoever to do with this insurance coverage dispute between plaintiff and Transcontinental Insurance Co. "CNA" is a registered service mark. On January 11, 1996, the service mark "CNA" was registered with the United States Patent and Trade Mark Office. Reg. No. 802, 010). The mark was listed on the Principal Registered under Class 102 and registered for use in underwriting accident, health, liability, property, marine and multiple peril insurance and providing reinsurance and bond. This "CNA" service mark appears as three capital letter with no periods or spaces between them. (See, Exhibit "B," p. 4). Attached to Mr. Lehman's Declaration is a true and correct copy of the Registration Certificate for this service mark. The "CNA" service mark appears on the Transcontinental Insurance policy issued to plaintiff represents nothing other than the service mark. Transcontinental Insurance Company is the identity of the company which issued the policy which is at issue in this litigation. "CNA Insurance Companies, Inc." and "CNA Insurance Group, Inc." as named in Plaintiff's Complaint, are not corporations or legal entities affiliated with Transcontinental. CONCLUSION For all of the foregoing reasons, it is respectfully requested that Plaintiff's Motion to Vacate the Court's Order Denying Plaintiff's Motion for Remand be DENIED with prejudice. Respectfully submitted,

Daniel A. Griffith DAG:jvm Enclosure(s) cc: Michael P. Kelly, Esquire Anna Goldenstein, CNA; Claim No. DJ000592
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