Case: 5:12-cv-02417-JRA Doc #: 1 Filed: 09/26/12 1 of 5.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

FIRSTENERGY GENERATION CORP., FIRSTENERGY SERVICE COMPANY, and OHIO EDISON COMPANY,

) ) ) ) Plaintiffs, ) ) v. ) ) LIBERTY MUTUAL INSURANCE COMPANY, ) ZURICH AMERICAN INSURANCE COMPANY, ) ENERGY INSURANCE MUTUAL LTD., ) ACE AMERICAN INSURANCE COMPANY, ) XL INSURANCE COMPANY, AIG CASUALTY ) COMPANY, and AEGIS LIMITED, ) ) Defendants. ) ____________________________________________ )

CASE NO: JUDGE

NOTICE OF REMOVAL

To the Honorable Judges of the United States District Court for the Northern District of Ohio, Eastern Division: Defendant ACE American Insurance Company hereby file this Notice of Removal of the above-captioned matter from the Court of Common Pleas of Summit County, Ohio, Case No. 2012 08 4759 to the United States District Court for the Northern District of Ohio, and in support of the removal, respectfully states: 1. On August 21, 2012, the Plaintiffs filed a Complaint against Defendants Liberty

Mutual Insurance Company, Zurich American Insurance Company, Energy Insurance Mutual Ltd., ACE American Insurance Company, XL Insurance Company, AIG Casualty Company, and AEGIS Limited (Defendants) in the Court of Common Pleas, Summit County, Ohio, alleging

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breach of contract, bad faith, and seeking a declaratory judgment.

Copies of all process and

pleadings in that action are attached hereto, pursuant to 28 U.S.C. 1446(a). 2. The Complaint was served upon Defendant ACE American Insurance Company

on August 30, 2012. 3. 4. 5. None of the Defendants have yet filed an answer to the Complaint. This Notice of Removal is timely filed under 28 U.S.C. 1446(b). This action should be removed to this Court pursuant to 28 U.S.C. 1441

inasmuch as there is complete diversity of citizenship among the parties and the judgment value of damages sought by Plaintiffs exceeds $75,000. 6. Upon information and belief, plaintiffs, FirstEnergy Generation Corp.,

FirstEnergy Service Company, and Ohio Edison Company are Ohio corporations with principal places of business in Akron Ohio. Pursuant to 28 U.S.C. 1332(c)(1), the Plaintiffs are deemed to be citizens of Ohio. 7. Defendant, Liberty Mutual Insurance Company is incorporated in Massachusetts, Defendant Zurich American

with a principal place of business in Boston, Massachusetts.

Insurance Company is incorporated in New York, with a principal place of business in Schaumburg, Illinois. Defendant Energy Mutual Insurance Ltd. is incorporated in Barbados, with a principal place of business in Tampa, Florida. Defendant ACE American Insurance Company is incorporated in Pennsylvania, with a principal place of business in Philadelphia, Pennsylvania. Defendant XL Insurance Americas, incorrectly named as XL Insurance Company, is incorporated in Delaware, with a principal place of business in Stamford, Connecticut. Defendant AIG Casualty Company (n/k/a Chartis Property Casualty Company) is incorporated in

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Pennsylvania, with a principal place of business in New York, New York. Defendant Associated Electric and Gas Insurance Services, Limited, improperly named as AEGIS Limited, is incorporated under the laws of Bermuda, with a principal place of business in East Rutherford, New Jersey. 8. The within lawsuit is a controversy between citizens of different states, as to give

rise to complete diversity of citizenship within the meaning of 28 U.S.C. 1332. 9. The matter in controversy exceeds the sum or value of $75,000.00, exclusive of

interest and costs. 10. This is a civil action brought in a state court in which the United States District

Court has original jurisdiction because of diversity of citizenship, and Defendants are not citizens of the State of Ohio, in which this action was brought. 11. Defendants Liberty Mutual Insurance Company, Zurich American Insurance

Company, Energy Insurance Mutual Ltd., XL Insurance Company, AIG Casualty Company, and Associated Electric and Gas Insurance Services, Limited consent to the removal of this action to the United States District Court for the Northern District of Ohio. WHEREFORE, with the consent of Liberty Mutual Insurance Company, Zurich American Insurance Company, Energy Insurance Mutual Ltd., XL Insurance Company, AIG Casualty Company, and Associated Electric and Gas Insurance Services, Limited, ACE

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American Insurance Company hereby removes this action from the Court of Common Pleas for Summit County, Ohio, to this Court, pursuant to 28 U.S.C. 1441. Respectfully submitted, /s/ Steven G. Janik STEVEN G. JANIK (0021934) CRYSTAL L. MALUCHNIK (0077875) JANIK L.L.P. 9200 South Hills Blvd., Suite 300 Cleveland, OH 44147-3521 (440) 838-7600 Main | (440) 838-7601 Fax Steven.Janik@Janiklaw.com Crystal.Maluchnik@Janiklaw.com Counsel for Defendants

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PROOF OF SERVICE The foregoing was served, via First Class United States Mail, postage prepaid, on this 26th day of September, 2012, upon: Paul A. Rose Kerri L. Keller Brouse McDowell 388 South Main Street Suite 500 Akron, Ohio 44311 Counsel for Plaintiff

Steven G. Janik One of the Attorneys for Defendants

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