* Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 1 of 17 PagelD #: 20

iff* f ? <$ :f:>
? 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -X YEHUDA ISAACS and LINDA R. ISAACS, Plaintiffs,
v.

Civil Action No.: *r BANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES,

BROWN, M. J.
Defendants.
LJ

NOTICE OF REMOVAL OF CIVIL ACTION 1. Defendant, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE

GROUP a/k/a ACE PRIVATE RISK SERVICES ("Defendant"), are named defendants in an action commenced by plaintiffs, YEHUDA ISAACS and LINDA R. ISAACS ("Plaintiffs"), in New York State Supreme Court, Nassau County captioned YEHUDA ISAACS and LINDA R. ISAACS v. BANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES, Index No. 61614/2013 ("the state court action"). A copy of Plaintiffs' Summons and Verified Complaint is annexed hereto as Exhibit "A." 2. Upon information and belief, Plaintiffs purchased an index number in the state

court action at the Nassau County Clerk's office on June 20, 2013. 3. Upon information and belief, Plaintiffs served a Statement of Service of Process

by Mail, accompanied by a copy of the Summons and Verified Complaint by mail on June 21, 2013, which was received by Defendant on June 26, 2013. Defendant accepted service by 1

 Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 2 of 17 PagelD #: 21

signing the Acknowledgement of Receipt of Summons and Complaint and mailing it to plaintiff on July 26, 2013. Thus, this Notice of Removal is being timely filed pursuant to 28 U.S.C. 1446(b) because it is filed within 30 days of service to Defendant. 4. As set forth in Plaintiffs' Summons and Verified Complaint in the state court

action, Plaintiffs' cause of action is for breach of a residential homeowners' insurance policy issued by Defendant to Plaintiffs. 5. 6. Plaintiffs seek monetary damages in amount not less than $237,350.38. Defendant served an Acknowledgement of Receipt of Summons and Complaint

upon Plaintiff in the state court action on July 26, 2013. A copy of the Acknowledgement of Receipt is attached hereto as Exhibit "B." 7. 8. Pennsylvania. 9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332, 1441, Plaintiffs are New York residents domiciled in New York. Defendant is a Pennsylvania corporation, with its principal place of business in

and 1446 because this is a civil action in which the amount in controversy exceeds the sum of $75,000.00, exclusive of costs and interests, and because there exists complete diversity between the two parties. 10. Venue is proper in this Court pursuant to 28 U.S.C. 112(b) because it is the

district and division embracing the place where such action in pending in accordance with 28 U.S.C. 1441(a). 11. 12. No previous application has been made for the relief requested herein. Pursuant to 28 U.S.C. 1446(d), a copy of this Notice of Removal is being served

upon counsel for the Plaintiffs, and a copy is also being filed with the Clerk of the New York

-. Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 3 of 17 PagelD #: 22

Supreme Court, Nassau County. The Notice of Filing Notice of Removal is attached as Exhibit "C." WHEREFORE, Defendant, BANKERS STANDARD INSURANCE CO., respectfully requests that the state court action be removed to the United States District Court for the Eastern District of New York, and that this Court assume jurisdiction of this action and make such further orders as may be required to properly determine this controversy. Dated: New York, New York July 26, 2013 Respectfully submitted,

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

Chines JSRocoo, Esq. Paul C. Ferland, Esq. Mara Hsiung, Esq. Attorneys for Defendant(s) BANKERS STANDARD INSURANCE CO. and BANKERS STANDARD INSURANCE CO. d/b/a ACE GROUP 120 Broadway, Suite 1130 New York, New York 10271 (212)257-7100 crocco@fgppr.com pferland@fgppr.com mhsiung@fgppr.com

-. Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 4 of 17 PagelD #: 23

CERTIFICATE OF SERVICE

I hereby certify that on $t.L

Pb , 2013, the foregoing document was filed with the Clerk of the

Court and served in accordance with the Federal Rules of Civil Procedure, and/or the Eastern District's Local Rules, and/or the Eastern District's Rules on Electronic Service upon the following parties and participants:

Jeffrey A. Sunshine, P.C. Attorney for Plaintiffs 3000 Marcus Avenue, Suite 2E5 Lake Success, NY 11042 (516)352-2100

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 5 of 17 PagelD #: 24

Exhibit A

* Case 2:13-cv-04234-LDW-GRB Document 1 Filed 07/26/13 Page 6 of 17 PagelD #: 25 (FILED: NASSAU COUNTY CLERK 06/20/2013) INDEX NO. 601614/2013
NYSCEF DOC. NO. l ' RECEIVED NYSCEP: 06/20/2013

SUPREME COURT - STATE OF NEW YORK COUNTY OF NASSAU

_X

YEHUDA ISAACS and LINDA R. ISAACS, Plaintiff, -againstBANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES, Defendant, -X
TO THE ABOVE-NAMED DBFENDANT'.

Date Filed; 6 1? I 13
Plaintiff designates Nassau County As the place of Trial Basis of Venue: Plaintiffs Premises

Plaintiffs address; 161 Harbor View South Lawrence, NY 11559 County of Nassau

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of the your answer, or if the complaint is not served with this summons, to serve a notice of appeavance, on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not peraortaTlWlelivered to you within the State of New York); and in case of your failureto-ippearo\ answer, judgment will be taken against you by default for the relief demanded in the afmpjftjnt Dated: May "2^,2013 ERE^A.jM5NSHINE,P.C. By: Jeffrey N. Sunshine, Esq. Attorney px Plaintiff 3000 Marcus Avenue - Suite 2ES Lake Success, NY 11042 (516)352-2100 Defendant's Address: Bankers Standard Insurance Company 436 Walnut Street Philadelphia, PA 19106 Ace Group/Ace Private Risk Services 616 Idaho Street Salem, Virginia 24153

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 7 of 17 PagelD #: 26

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

-X
YEHUDA ISAACS and LINDA R. ISAACS, Plaintiffs, -againstVERIFIED COMPLAINT BANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES, Defendant. INDEX NO.

-X
Plaintiffs YEHUDA ISAACS and LINDA R, ISAACS, by their attorneys Jeffrey A. SunsWne, P,C, as and for tbeic complaint, hereby allege upon information and belief as follows: 1. At ail times hereinafter mentioned, Plaintiffs YBHUDA ISAACS and LINDA R. ISACCS (hereinafter referred to as "Plaintiffs") are individuals residing at 161 Harbor View South, Lawrence, New York 11559, 2. Defendant BANKERS STANDARD INSURANCE COMPANY, BANKERS

STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES (hereinafter referred to as ""Defendants") are insurance companies licensed and authorized to do business in the State of New York with a business address at 436 Walnut Street, Philadelphia, PA 19106 and P.O. Box 1685, 616 Idaho Street, Salem, Virginia 24153. 3. At all relevant times herein and on October 29, 2012, Plaintiffs were the owners of the premises known as 161 Harbor View South, Lawrence, New York 11559 (hereinafter referred to as the "Premises").

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 8 of 17 PagelD #: 27

4. At all relevant times herein and on October 29, 2012, Defendant provided to Plaintiffs a valid residential homeowners insurance policy bearing policy number 268013876, which provided multi-peril coverage to the Premises, and said policy was valid and in effect on Ootober 29,2012, or the date of loss. AS AND FOR A FIRST CAUSE OF ACTION: 5. At all relevant times herein, and on October 29,2012, Plaintiffs discovered a sewer back up loss at the Premises and thereafter Plaintiff timely notified Defendants and made a olaim under the aforesaid insurance policy. Defendants denied the claim of the Plaintiffs and has failed and/or refused to make any payment under the policy to the Plaintiff. 6. At all times hereinafter mentioned, Defendants had a duty to properly and diligently investigate and adjust claims submitted by the policy holders and the Plaintiffs herein. 7. Defendants have failed to properly investigate Plaintiffs' claim and has unreasonably and improperly issued a denial of Plaintiffs' claim on December 10,2012. 8. Defendants are in breach of the contractual duties and obligations as set forth in the policy of insurance issued to Plaintiffs, which said policy was in full force and effect at the time of the loss on October 29,2012. 9. By reason of the foregoing, Plaintiff has been damaged in the sum of $237,350.38, together with costs and disbursements of this action and pre-judgment interest from October 29,2012. AS AND FOR A SECOND CAUSE OF ACTION: 10. Plaintiff repeats, reiterates and realleges each and every allegation contained in the first and second causes of action,

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 9 of 1,7 PagelD #: 28

11. Piaintiffs will be caused to incur legal fees in prosecution of her contractual rights under the insurance policy, 12. Defendants should be obligated to pay plaintiffs' reasonable attorneys fees at the conclusion of this matter,

WHEREFORE, plaintiff demands judgment against the defendant on the first cause of action in the amount of $237,350,38; on the second cause of action for legal fees, costs and disbursements of this action and pre-judgment interest from October 29,2012; and for such other and further relief as to this Court deems just and proper^ Dated: Lake Success, New York May M . , 2013 JEFJFTUSY A. SUNSHINE, P.C, Attorneys for Plaintiff 3000 Marcos Avenue - Suite 2E5
Lake Succfess, NY 11042

(516)352-2100

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page.lO of 17 PagelD #: 29

STATE OF N E W YORK) )SS: COUNTY OF NASSAU ) Judah Isaacs, being sworn, deposes and says: That deponent is one of the Plaintiffs in the within action. That deponent has read the foregoing Complaint and knows the contents thereof. That same is true to deponent's own knowledge, except as to the matters stated therein to be alleged upon information and belief, and as to those matters deponent believes it to be true.

Judah Isaal Sworn tabefore me this ^m. 2013

*h
Notary Public

VtnentMlnleh1to Nb,0tMM2114 Notary Public, State of M w Yottr Qualified in Naaaau County My Commission Expire* 9/21/zo

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page.ll of 17 PagelD #: 30

STATE OF NEW YORK) )SS: COUNTY OF NASSAU ) Linda R. Isaacs, being sworn, deposes and says: That deponent is one of the Plaintiffs in the within action. That deponent has read the foregoing Complaint and knows the contents thereof. That same is true to deponent's own knowledge, except as to the matters stated therein to be alleged upon information and belief, and as to those matters deponent believes it to be true.

j\.

J^^^^t^,^^

da R, Isaacs Sworn to before me this & MX 2013

4^M
Notary Public

Vincent Mtnlchelfo No, 01MI8211426 Notary Public, state of Now Yortc Qutimtd In N M U U Comity My Commhiton Expfrw 9I2V29/3

Case 2:13-cv-04234-UDyv-GRB Document 1 Filed 07/26/13 Page 12 of 17 PagelD #: 31

Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU YEHUDA ISAACS and LINDA R. ISAACS Plaintiffs,

BANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES,
Defendants.

SUMMONS & VERIFIED COMPLAINT

Signature (Rule 130-1.1-a)

UMJNSHENE, P.C.

Attorneys YoVpiaintiff(s) 3000 Marcul Avenue - Suite 2E5 Lake Success, NY 11042 (516) 352-2100
Service of a copy of the within Dated: is hereby admitted. Attorney for PLEASE TAKE NOTICE NOTICE OF ENTRY: NOTICE OF SETTLEMENT: Dated: Lake Success, NY Jeffrey A, Sunshine, P.C. 3000 Marcus Avenue Suite 2E5 lake Success, NY 11042 That the within is a (certified) true copy of a The Clerk of the within County on _ _ ^ _ entered in the Office of

That an Order of which the within is a true copy will be presented for Settlement to the Hon, , one of the judges of the within Court at on .

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 13 of 17 PagelD #: 32

Exhibit B

Casje 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 14 of 17 PagelD #: 33

ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT OR SUMMONS with NOTICE OR NOTICE OF PETITION AND PETITION I received a Summons and Complaint in the above-captioned matter at 120 Broadway, Suite 1130 New York, NY 10271 PLEASE CHECK ONE OF THE FOLLOWING: A 1. 2. I am not in the military service. I am in the military service, My rank, serial number and branch of service are as follows: If "2" is checked, complete as indicated: Rank: Serial Number: Branch of Service: TO BE COMPLETED REGARDLESS OF MILITARY STATUS: Date: 6 h i , ) t$ ,,

I affirm the above as true under penalty of perjury. Sj^naturkj Print Name ' Banl&rS SfrtnAArd )v4\Airtmu/ fy*.fAij OvuL BtnhtrS lfav<AAcA MfiArvtwfjy Iftniatiiu d.\b{*.flCOimf Name of Defendant for which acting'
^ O T M

Position with Defendant for which acting (i.e., officer, attorney, etc.) PLEASE COMPLETE ALL BLANKS INCLUDING DATES

 Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 15 of 17 PagelD #: 34

Exhibit C

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 16 of 17 PagelD #: 35

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -X YEHUDA ISAACS and LINDA R. ISAACS, Plaintiffs, NOTICE OF FILING OF NOTICE OF REMOVAL BANKERS STANDARD INSURANCE COMPANY, BANKERS STANDARD INSURANCE COMPANY d/b/a ACE GROUP a/k/a ACE PRIVATE RISK SERVICES, Defendants, Index No.: 61614/2013

TO THE CLERK: PLEASE TAKE NOTICE that the above-captioned action has been removed to the United States District Court for the Eastern District of New York. A copy of the Notice of Removal, filed with the United States District Court on July 26, 2013 is attached hereto as Exhibit "A" for filing with this Court. PLEASE TAKE FURTHER NOTICE that pursuant to 28 U.S.C. 1446(d), the filing of the Notice of Removal with the District Court effects the removal of this action, and this Court shall proceed no further unless and until this action is remanded. Dated: New York, New York July 26, 2013 Respectfully submitted,

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

iarles J. K5c6, Esq. >aul C. Ferland, Esq. Mara Hsiung, Esq. 1

Case 2:13-cv-04234-LDW-GRB

Document 1 Filed 07/26/13 Page 17 of 17 PagelD #: 36

Attorneys for Defendant BANKERS STANDARD INSURANCE CO. 120 Broadway, Suite 1130 New York, New York 10271 (212)257-7100 crocco@fgppr.com pferland@fgppr.com mhsiung@fgppr.com TO: Jeffrey A. Sunshine, P.C. Attorney for Plaintiff(s) 3000 Marcus Avenue, Suite 2E5 Lake Success, NY 11042 (516)352-2100