Notice of Removal — No. 3:18-cv-00740 (Dkt. 1, E.D. Tenn.)

Summary

A Notice of Removal, Document 1 filed July 21, 2023 in the Eastern District of Tennessee (Case 3:23-cv-00263-DCLC-DCP), by Selective Insurance Company of America in Tellico Village Property Owners Association, Inc. v. Selective Insurance Company of America. The action was filed June 2, 2023 in the Circuit Court for Loudon County, Tennessee, and Selective says it was served June 23, 2023 and removes within thirty days under 28 U.S.C. § 1446(b). It invokes diversity jurisdiction under 28 U.S.C. §§ 1332 and 1441, saying the plaintiff is a Tennessee non-profit corporation, Selective is a New Jersey insurer, and the plaintiff seeks $1,500,000.00 for alleged breach of an insurance contract, above the $75,000 threshold. The notice is signed by Brigid M. Carpenter.

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“Notice of Removal — No. 3:18-cv-00740 (Dkt. 1, E.D. Tenn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-of-removal-no-3-18-cv-00740-dkt-1-e-d-tenn-e106cf3511/, SHA-256 269e8f80653b65d44d1e5469e49b64d1c7ec4cce77fd25e35888a6a06f2b87eb.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE

TELLICO VILLAGE PROPERTY )
OWNERS ASSOCIATION, INC. )
)
Plaintiff, )
)
v. )
) No. _______________________
)
SELECTIVE INSURANCE COMPANY )
OF AMERICA, )
)
Defendant. )

NOTICE OF REMOVAL

Pursuant to 28 U.S.C. § 1441, et seq., Defendant Selective Insurance Company of America

(“Selective”) hereby removes this action originally filed in state court to the United States District

Court for the Eastern District of Tennessee, and alleges as follows:

1. On June 9, 2023, the Tennessee Department of Commerce and Insurance was

served with a summons and complaint in an action entitled Tellico Village Property Owners

Association, Inc. v. Selective Insurance Company of America, filed June 2, 2023, in the Circuit

Court for Loudon County, Tennessee. On June 23, 2023, Selective was served with the summons

and complaint by the Department of Commerce and Insurance. A true and accurate copy of the

service transmittal documents, summons and complaint is attached as Exhibit 1.

2. This Notice of Removal is filed within thirty (30) days after receipt by Selective,

through service or otherwise, of the Complaint, and is therefore timely filed under 28 U.S.C. §

1446(b). See Corwin v. State Farm Fire & Cas. Co., No. 3:18-CV-00740, 2018 WL 6620081, at

*1 (M.D. Tenn. Dec. 18, 2018) (time for removal runs from defendant insurance company’s actual

receipt of the complaint); Farris v. Youngblood, 248 F. Supp. 598, 599 (E.D. Tenn. 1965) (“The

time for removal under [long arm statutes providing for substituted service of process] is computed
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from the date the defendant, or an agent appointed by him, actually receives the process, as

opposed to the date a statutory agent of the defendant receives the summons”).

3. The case stated by the complaint served upon Selective is removable to this Court

pursuant to 28 U.S.C. § 1441, in that, according to the Complaint, Plaintiff Tellico Village Property

Owners Association is a non-profit corporation organized and existing under the laws of the State

of Tennessee, with its principal place of business at 112 Chota Center, Loudon, Tennessee,

(Compl., ¶ 1), and Selective, the named Defendant, is an insurance company organized and

existing under the laws of the State of New Jersey with its principal place of business located at

Branchville, New Jersey. The policy at issue in the Complaint was actually issued by Selective

Insurance Company of South Carolina (“SICSC”), which is organized and exists under the laws

of the State of Indiana with a principal place of business located at Branchville, New Jersey.

4. The above-described action is a civil action of which this Court has original

jurisdiction pursuant to the provisions of 28 U.S.C. § 1332 and is one which may be removed to

this Court by Selective pursuant to the provisions of 28 U.S.C. § 1441, in that complete diversity

of citizenship exists between the parties. In addition, Plaintiff is seeking damages in the amount

of $1,500,000.00 for an alleged breach of an insurance contract, so that the matter in controversy

exceeds, exclusive of interest and costs, the sum of $75,000. Therefore, this Court has original

jurisdiction over this action.

5. Pursuant to 28 U.S.C. § 1446(d), Selective will (1) file a copy of this Notice of

Removal with the Circuit Court for Loudon County, Tennessee, (2) provide prompt notice to

Plaintiff, and (3) file proof of all notices and filings with the Clerk of the United States District

Court for the Eastern District of Tennessee. A copy of the Notice to be filed with the Circuit Court

for Loudon County, Tennessee is attached hereto as Exhibit 2.

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6. By filing this Notice of Removal, Defendant Selective does not waive any defense

that may be available to it.

WHEREFORE, Selective gives notice that the above action now pending against it in the

Circuit Court for Loudon County, Tennessee has been removed therefrom to this Court.

DATED: July 21, 2023.

Respectfully submitted,

s/ Brigid M. Carpenter
Brigid M. Carpenter (BPR No. 018134)
bcarpenter@bakerdonelson.com
Baker, Donelson, Bearman, Caldwell &
Berkowitz, PC
1600 West End Avenue, Suite 2000
Nashville, Tennessee 37203
Telephone: (615) 726-7341
Fax: (615) 744-7341

Attorneys for Defendant Selective Insurance
Company of America

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy of the foregoing Notice of
Removal has been served upon the following counsel for the parties in interest herein by first-class
U.S. mail, postage pre-paid and e-mail:

Kevin C. Stevens (BPR #023035)
550 Main Street, Suite 400
Knoxville, Tennessee 37902
(865) 546-7311
kstevens@kmfpc.com

Attorney for Plaintiff

this 21st day of July, 2023.

s/ Brigid M. Carpenter
Brigid M. Carpenter

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