Case 1:12-cv-10858-WGY Document 1 Filed 05/11/12 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ANDREW ALOISI d/b/a ALOISI & ALOISI, Plaintiff, v. WESTCHESTER FIRE INSURANCE COMPANY and STATE NATIONAL INSURANCE COMPANY, Defendants. NOTICE OF REMOVAL Defendant Westchester Fire Insurance Company (Westchester), hereby notices the removal of the following described action from the Superior Court Department of Suffolk County, Commonwealth of Massachusetts (State Court), to the United States District Court for the District of Massachusetts (District Court), as authorized by 28 U.S.C. 1441, et seq. The Defendant respectfully submits the following grounds for removal: I. 1. Nature Of The Action Plaintiff, Andrew Aloisi d/b/a Aloisi & Aloisi, filed a civil action against

Westchester in the Superior Court of the Commonwealth of Massachusetts in and for Suffolk County, Civil Action No. 12-1514 entitled Andrew Aloisi d/b/a Aloisi & Aloisi v. Westchester Fire Insurance Company and State National Insurance Company, (the State Court Action). A copy of Plaintiffs Summons and Complaint (Complaint) are

attached hereto as Exhibit A.

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2.

Westchester was served with a copy of the Summons and Complaint by

electronic mail on or after April 21, 2012. A copy of Plaintiff's cover letter dated April 20, 2012 is attached hereto as Exhibit B. 3. Defendant State National Insurance Company (State National) was

served with a copy of the Summons and Complaint by electronic mail on or after April 21, 2012. A copy of the Return of Service is attached hereto as Exhibit C. II. 4. Subject Matter Jurisdiction Exists This is a civil action over which this Court has jurisdiction under the

provisions of 28 U.S.C. 1332, and is one which may be removed pursuant to the provisions of 28 U.S.C. 1441(b) in that it is a civil action between citizens of different states and the matter in controversy exceeds the sum of $75,000.00, exclusive of interest and costs, as set forth more fully below. A. 5. Complete Diversity Of Citizenship Exists Between The Parties

Plaintiff Andrew Aloisi d/b/a Aloisi & Aloisi, is a law firm operating in

the Commonwealth of Massachusetts. See Complaint, 8. 6. Westchester is a foreign corporation organized and existing under the laws

of the Commonwealth of Pennsylvania, with a principal place of business in Philadelphia, Pennsylvania. See Complaint, 9. 7. State National is a foreign corporation organized and existing under the

laws of the State of Texas, with a principal place of business in Bedford, Texas. See Complaint, 10. 8. Complete diversity exists between the parties. B. The Amount In Controversy Exceeds $75,000.00

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9.

In the Complaint, Plaintiff seeks monetary damages in an amount to be

proven at trial, as well as multiple damages under G.L. c. 93A. See Complaint, p. 14. Multiple damages are a form of punitive damages and [w]here both actual and punitive damages are recoverable under a complaint each must be considered to the extent claimed in determining the jurisdictional amount. F.C.I. Realty Trust v. Aetna Casualty and Surety Company, 906 F.Supp. 30, 32 n.1 (D.Mass. 1995), citing Bell v. Preferred Life Society, 320 U.S. 238, 240 (1943). Further, Plaintiff seeks to recover attorneys fees for establishing the insurers duty to defend. See Complaint, 101. Attorneys fees are properly considered in determining the amount in controversy when there is a statute providing for the award of fees. Spielman v. Genzyme Corp., 251 F.3d 1, 7 (1st cir. 2001). Here, if Plaintiff proves the allegations contained in the complaint, Plaintiff may collect attorneys fees as part of damages. Id.; M.G.L. c. 93A. 10. Therefore, as set forth in the Complaint, Plaintiff could recover damages

in excess of the jurisdictional limit of $75,000.00. III. 11. 2012. 12. State National was served with process in this action on or after April 21, Timeliness and Technical Requirements of Removal Westchester was served with process in this action on or after April 21,

2012. State National consents to the removal of this action from State Court to the United States District Court of Massachusetts for trial and determination as provided by law. 13. This removal is timely under 28 U.S.C. 1446(b) in that removal is

sought within thirty (30) days after service of the summons and complaint.

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14.

Written notice of the filing of this Notice of Removal will be filed with the

Clerk of the Suffolk County Superior Court of the Commonwealth of Massachusetts, in accordance of with the provisions of 28 U.S.C. 1446(d). 15. The United States District Court for the District of Massachusetts is a

proper venue in that the action being removed was filed in the Suffolk County Superior Court of the Commonwealth of Massachusetts. 16. on Plaintiff. IV. 17. Removal Is Proper Because the citizenship of the parties is diverse and the amount in A Notice of Filing of this Notice of Removal is concurrently being served

controversy exceeds $75,000.00, exclusive of interest and costs, the Court has jurisdiction over this action pursuant to 28 U.S.C. 1332. Accordingly, this action may be removed pursuant to 28 U.S.C. 1441. Venue is proper in this Court under 28 U.S.C. 1391, as this action was pending in a state court within this district and division. WHEREFORE, Defendant Westchester Fire Insurance Company prays that this Notice of Removal be accepted as good and sufficient, that the aforesaid Complaint be removed from the State Court to the United States District Court of Massachusetts for trial and determination as provided by law, and the United States District Court of Massachusetts enters such orders and issue such process as may be proper to bring before it all records and proceedings in the said State Court action, and thereupon proceed with this civil action as if it had been originally commenced in he United States District Court for the District of Massachusetts. SO NOTICED this 11th day of May 2012.

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WESTCHESTER FIRE INSURANCE COMPANY, By its attorneys, ____/s/ William T. Bogaert_______ William T. Bogaert, BBO#546321 William.Bogaert@wilsonelser.com Hannah Styron Symonds, BBO#624862 Hannah.Symonds@wilsonelser.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 260 Franklin Street, 14th Floor Boston, Massachusetts 02110 Telephone: (617) 422-5300 Facsimile: (617) 423-6917

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CERTIFICATE OF SERVICE I, William T. Bogaert, hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the NEF on May 11, 2012. /s/ William T. Bogaert

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