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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION SONOCO PRODUCTS COMPANY AND SONOCO CANADA CORPORATION, Plaintiffs, v. ACE INA INSURANCE, ACE AMERICAN INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH d/b/a CHARTIS INSURANCE, WESTPORT INSURANCE CORPORATION d/b/a INDUSTRIAL RISK INSURERS, AND MUNICH REINSURANCE AMERICA, INC. Defendants. Defendants, ACE INA Insurance, ACE American Insurance Company, National Union Fire Insurance Company of Pittsburgh, Westport Insurance Corporation and Munich Reinsurance America, Inc. (Defendants), by their attorneys, Gibbons P.C. and Hood Law Firm, LLC, pursuant to 28 U.S.C. 1332(a)(3), 1441 and 1446, hereby remove to the United States District Court for the District of South Carolina the case captioned Sonoco Products Company, et al. v. ACE INA Insurance, et al., Case Number 11CP160495, originally filed in the Court of Common Pleas of Darlington County, South Carolina and as grounds for removal state as follows: 1. Plaintiffs, Sonoco Products Company (Plaintiff Sonoco) and Sonoco Canada NOTICE OF REMOVAL

Civil Action No.:

Corporation (Plaintiff Sonoco Canada), commenced this action in the Court of Common Pleas of Darlington County on or about July 15, 2011. See Summons and Complaint, attached hereto as Exhibit A.1
1

The captions of the Summons and Complaint as filed and served differ in that Catlin Syndicate and Talbot Underwriting Ltd. Sydicate 1183, both UK companies, are named as Defendants only

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2.

The Complaint names ACE INA Insurance, ACE American Insurance Company,

National Union Fire Insurance Company of Pittsburgh d/b/a Chartis Insurance, Westport Insurance Corporation d/b/a Industrial Risk Insurers, and Munich Reinsurance America, Inc. as Defendants. 3. The Summons and Complaint were received by the South Carolina Department of See Letter from Insurance Department to ACE American

Insurance on August 3, 2011.

Insurance Company dated August 3, 2011, attached hereto as Exhibit B. Defendants received a copy of the Summons and Complaint on August 3, 2011. 4. As of this date, no defendant has filed any responsive pleading, and no other

proceedings have taken place in this action. 5. 28 U.S.C. 1441(a) provides that any civil action brought in a state court of

which the district courts of the United States have original jurisdiction, may be removed by the defendant.to the district court of the United States for the district and division embracing the place where such action is pending. 28 U.S.C. 1441 (2011). The District Court of South Carolina is the district that embraces Darlington County, South Carolina. 6. The United States District Court for the District of South Carolina has subject

matter jurisdiction over this matter because there is diversity of citizenship and the amount in controversy exceeds the sum of $75,000.00, exclusive of interest and costs. 28 U.S.C. 1332 (2011). 7. In particular, 28 U.S.C. 1332(a)(3) provides, in relevant part, that federal district

courts have original jurisdiction of civil actions between citizens of different States and in which citizens of a foreign state are additional parties.

in the Summons. Accordingly, this Notice of Removal is being filed only on behalf of those parties identified in the caption of the Complaint and against whom causes of action are asserted.

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8.

Plaintiff Sonoco Products Company is a South Carolina corporation with its

principal place of business located in Darlington County, in the City of Hartsville, South Carolina. See Exhibit A; Complaint at 1. Plaintiff Sonoco is therefore a citizen of the State of South Carolina for purposes of diversity jurisdiction under 28 U.S.C. 1332. 9. Plaintiff Sonoco Canada is a Canadian Corporation with its principal place of

business located in Canada. Plaintiff Sonoco Canada, is therefore a citizen of Canada for purposes of diversity jurisdiction under 28 U.S.C. 1332. 10. Defendant ACE INA Insurance is a Canadian corporation with its principal place

of business located in Canada. ACE INA Insurance is therefore a citizen of Canada for purposes of diversity jurisdiction under 28 U.S.C. 1332. 11. Defendant ACE American Insurance Company is a Pennsylvania corporation with

its principal place of business located at 436 Walnut Street, Philadelphia, Pennsylvania. ACE American Insurance Company is therefore a citizen of Pennsylvania for purposes of diversity jurisdiction under 28 U.S.C. 1332. 12. Defendant National Union Fire Insurance Company of Pittsburgh is a

Pennsylvania corporation with its principal place of business located at 175 Water Street, New York, New York. National Union Fire Insurance Company of Pittsburgh is therefore a citizen of Pennsylvania and New York for purposes of diversity jurisdiction under 28 U.S.C. 1332. 13. Defendant Westport Insurance Corporation is a Missouri corporation with its

principal place of business located at 5200 Metcalf Avenue, Overland Park, Kansas. Westport Insurance Corporation is a citizen of Missouri and Kansas for purposes of diversity jurisdiction under 28 U.S.C. 1332.

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14.

Defendant Munich Reinsurance America, Inc. is a Delaware corporation with its

principal place of business located at 555 College Road East, P.O. Box 5241, Princeton, New Jersey. Munich Reinsurance America, Inc. is therefore a citizen of Delaware and New Jersey for purposes of diversity jurisdiction under 28 U.S.C. 1332. 15. The requirements for diversity jurisdiction within the meaning of 28 U.S.C.

1332(a)(3) are satisfied because Plaintiff Sonoco is a citizen of South Carolina, Defendant ACE American Insurance Company is a citizen of Pennsylvania, Defendant National Union Fire Insurance Company is a citizen of Pennsylvania and New York, Defendant Westport Insurance Corporation is a citizen of Kansas and Missouri, Defendant Munich Reinsurance America, Inc. is a citizen of Delaware and New Jersey, and Plaintiff Sonoco Canada and Defendant ACE INA Insurance are each citizens of a foreign state. 16. The amount in controversy exceeds $75,000.00, exclusive of interest and costs,

because the Complaint specifically seeks an amount in excess of $75,000, exclusive of interest and costs, and because the Plaintiffs further seek, inter alia, consequential and punitive damages. See Complaint, attached as Exhibit A. 17. 28 U.S.C. 1441(b) provides that the notice of removal of a civil action shall

be filed within thirty days after receipt by the defendant, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based. 28 U.S.C. 1441(b) (2011). 18. This Notice of Removal is filed within thirty days after the South Carolina

Department of Insurance accepted service on behalf of the Defendants named in the Complaint on August 3, 2011.

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19.

Pursuant to the requirements of 28 U.S.C. 1446(a), Defendants have attached

copies of all process, pleadings and orders served on the Defendants. See Exhibits A and B. 20. Pursuant to 28 U.S.C. 1446(d), a copy of the Notice of Removal has been

provided to Plaintiffs and will be filed with the Clerk for the Court of Common Pleas of Darlington County. Respectfully submitted, HOOD LAW FIRM, LLC 172 Meeting Street (29401) / Post Office Box 1508 Charleston, SC 29402 Ph: (843) 577-4435 / Fax: (843) 722-1630 Email: Info@hoodlaw.com s/ Robert H. Hood, Jr. Robert H. Hood (1939) Robert H. Hood, Jr. (6998) Brian J. Kern (10885) Attorneys for the Defendants ACE INA Insurance, ACE American Insurance Company, National Union Fire Insurance Company of Pittsburgh d/b/a Chartis Insurance, Westport Insurance Corporation d/b/a Industrial Risk Insurers, and Munich Reinsurance America, Inc. September 2, 2011 Charleston, South Carolina
J:\docs\17.040\Pacer\Notice of Removal.DOC

VERIFICATION The undersigned attorney affirms and states: That he is one of the attorneys for the Petitioners herein and is authorized to sign this Notice of Removal for Petitioners. That he has prepared and read the foregoing Notice of Removal and the matters and things therein are true as he verily believes. s/ Robert H. Hood, Jr.