UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

ALAN FREEMAN and
ARLLYN FREEMAN,

Plaintiffs,

v.

BANKERS STANDARD
INSURANCE COMPANY,

Defendant.





Case No.: 1:14-cv-3314

State Case No. 2014 L 003844




NOTICE OF REMOVAL
Pursuant to 28 U.S.C. 1332, 1441(a), and 1446(a), Defendant, Bankers Standard
Insurance Company ("Defendant" or "Bankers") petitions the Court for removal of the action
described below from the Circuit Court of Cook County, Illinois to this Court, and in support
thereof, states as follows:
1. On April 4, 2014, Plaintiffs, Alan Freeman and Arllyn Freeman ("Plaintiffs") filed
an action against Defendant in the Circuit Court for Cook County, Illinois, under Case Number
2014 L 003844.
2. A copy of Plaintiffs Complaint, which was accepted by Defendants counsel for
service on April 9, 2014, is attached as Exhibit A.
3. Plaintiffs Complaint seeks monetary damages for breach of an insurance policy
and for violation of Section 155 of the Illinois Insurance Code arising out of Plaintiffs claim for
insurance proceeds due to water damage to a painting at Plaintiffs residence at 65 E. Goethe
Street in Chicago, Illinois, in November 2013.

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BASIS FOR FEDERAL JURISDICTION
4. This court has original jurisdiction of this action under 28 U.S.C. 1332 because
there is complete diversity of citizenship between the parties and the amount in controversy,
exclusive of interest and costs, exceeds $75,000.00. See 28 U.S.C. 1441.
5. Removal to the United States District Court for the Northern District of Illinois,
Eastern Division, is proper because it is the district and division embracing the place where the
removed action was pending. 28 U.S.C. 1441(a).
DIVERSITY OF CITIZENSHIP
6. Plaintiffs, Alan and Arllyn Freeman, are citizens of Illinois. Pls.' Compl. 1.
7. Defendant, Bankers Standard Insurance Company, is a Pennsylvania corporation
with its principal place of business in Pennsylvania.
8. Therefore, there exists complete diversity of citizenship between Plaintiffs and
Defendant.
AMOUNT IN CONTROVERSY
9. The Complaint alleges that, as a direct and proximate result of Bankers conduct,
Plaintiffs have been harmed in an amount in excess of $50,000. Pls. Compl. 8. Plaintiffs
prayer for relief requests a judgment against Bankers for actual damages in excess of $50,000
plus costs, attorneys fees, and all relief available under 215 ILCS 5/155. Pls. Compl. at p. 2.
10. While the Complaint does not plead a specific amount in controversy in excess of
the jurisdictional amount required under 28 U.S.C. 1332, Defendant alleges that the amount in
controversy, exclusive of interest and costs, is in excess of $75,000. The facts and reasons
supporting Defendant's allegation as to the amount in controversy are set forth below.
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11. The damaged property at issue is a painting by Robert Rauschenberg that
Plaintiffs allege was destroyed by water in November 2013, at which time it was insured by
Bankers under a policy of insurance. Pls. Compl. 5-6. Portions of the insurance policy are
attached to the Complaint as Exhibit 1. Pls. Compl. 4.
12. The painting was insured under the policy up to a limit of $250,000. Pls. Compl.
Ex. 1 (see Policy No. 268-05-13-62V, Valuables Declarations Page, Item 15). Alan Freeman
represented during an examination under oath, taken by Bankers as part of its investigation of
Plaintiffs claim, that the painting was valued at $250,000 as of November 2013.
13. Bankers disputes Plaintiffs allegations and denies that it is liable to Plaintiffs for
any amount.
14. Based on the foregoing, Bankers alleges that the amount in controversy, exclusive
of interest and costs, exceeds $75,000.
REMOVAL PROCEDURE
15. This Notice of Removal is timely filed because it was filed within thirty days after
receipt of Plaintiffs initial pleading. See 28 U.S.C. 1446(b)(1).
16. Promptly after filing this Notice of Removal Bankers will provide written notice
of same to Plaintiffs and will file with the clerk of the Circuit Court of Cook County, Illinois a
notice of filing of notice of removal. See 28 U.S.C. 1446(d).
WHEREFORE, Defendant, Bankers Standard Insurance Company, hereby requests that
this action now pending against it in the Circuit Court for Cook County, Illinois be removed to
this Court.
Dated: May 7, 2014
Respectfully submitted,

/s/Matthew S. Ponzi
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Matthew S. Ponzi
mponzi@fgppr.com
Matthew P. Fortin
mfortin@fgppr.com
Foran Glennon Palandech Ponzi & Rudloff PC
222 North LaSalle Street, Suite 1400
Chicago, IL 60601
312.863.5000

Attorneys for Defendant, Bankers Standard
Insurance Company

CERTIFICATE OF SERVICE

I hereby certify that on this 7
th
day of May, 2014, I electronically transmitted the attached
document to the Clerk of the Court using the ECF System for filing. A copy of this document
will be sent to the attorneys below not yet listed on the CM/ECF filing list via U.S. Mail:

Attorneys for Alan Freeman and
Arllyn Freeman
Andrew Staes
Stephen Scallan
Staes & Scallan, P.C.
111 W. Washington St., Suite 1631
Chicago, IL 60602
(312) 201-8969


/s/Matthew S. Ponzi
Matthew S. Ponzi
mponzi@fgppr.com
Matthew P. Fortin
mfortin@fgppr.com
Foran Glennon Palandech Ponzi & Rudloff PC
222 North LaSalle Street, Suite 1400
Chicago, IL 60601
312.863.5000

Attorneys for Defendant, Bankers Standard
Insurance Company

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