UNITED STATED DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

CASE NO._________________________ 

ARLENE TAVARES AND RAFAEL 

TAVARES, 

Plaintiffs, 

vs. 

AMERICAN SECURITY INSURANCE 

COMPANY, 

Defendant. 

_____________________________________/ 

(Formerly Broward County Circuit Court 

Case No. CACE-20-004303) 

DEFENDANT AMERICAN SECURITY INSURANCE 

COMPANY’S NOTICE OF REMOVAL 

Defendant American Security Insurance Company (“American Security”), pursuant to 28 

U.S.C. §§ 1446 and 1332, hereby files this Notice of Removal and thereby removes to the 

United States District Court an action which is pending in the Circuit Court of the Seventeenth 

Judicial Circuit, in and for Broward County, Florida. The facts and legal authority supporting 

this Notice of Removal are as follows: 

A. BACKGROUND & CONDITIONS O F REMOVAL

1. On March 10, 2020, Plaintiffs Arlene Tavares and Rafael Tavares 

(“Plaintiffs”), filed this civil action against American Security in the Circuit Court of the 

Seventeenth Judicial Circuit in and for Broward County, Florida. Plaintiffs h a v e asserted a 

cause of action against American Security for breach of contract under a lender-placed insurance 

certificate. Plaintiffs effectuated service of process on American Security on March 27, 2020. 

2. Plaintiffs own the property located at 5901 Leeds Lane, Davie, Florida 33331 (the 

“Property”), which is the subject matter of this lawsuit. See Compl. ¶ 4. Public Records 

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obtained from the Broward County Property Appraiser’s Website reflect that Plaintiffs have 

owned the Property since at least 2009. See printout from Broward County Property Appraiser 

Website, a true and correct copy of which is attached hereto as Exhibit “1.”

3. American Security is a Delaware corporation with its principal place of business 

located at 260 Interstate North Cir., SE, Atlanta, Georgia, 30339. See printout from Florida 

Department of State, Division of Corporations’ website, a true and correct copy of which is 

attached hereto as Exhibit “2”; see also Licari v. American Sec. Ins. Co., Case No. 8:12–cv–

2853–T–33EAJ, 2013 WL 268688 (M.D. Fla. Jan. 24, 2013) (finding American Security’s 

principal place of business as Georgia).

4. Venue is proper in the United States District Court for the Southern District of 

Florida because the case is being removed from the Circuit Court of the Seventeenth Judicial 

Circuit in and for Broward County, Florida. 

5. Nothing in this Notice of Removal shall be interpreted as a waiver or 

relinquishment of any of American Security’s rights to assert any defenses or affirmative claims, 

including a counterclaim.

6. This Notice of Removal is being timely served and filed within the time allotted 

under 28 U.S.C. § 1446(b).

7. This action is not a non-removable action as described under 28 U.S.C. § 1445.

8. Pursuant to 28 U.S.C. § 1446(a), a true and correct copy of all process and 

pleadings served as of this date is attached hereto as Composite Exhibit “3.” 

9. In accordance with 28 U.S.C. § 1446(d), contemporaneously with the filing of this 

Notice of Removal, American Security has served Plaintiffs with a copy of this Notice of 

Removal and has filed a Notice of Filing of Notice of Removal with the Clerk of the Court for 

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Broward County, Florida. A copy of the Notice of Filing Notice of Removal (without 

attachments) is attached hereto as Exhibit “4.”

B. THE COMPLAINT

10. Plaintiffs have sued American Security for damages allegedly caused to the 

Property. See Composite Exhibit “3.” Plaintiffs did not plead a specific amount as damages in 

the Complaint nor attach any estimate of alleged damages. 

11. The district court may find that it is “facially apparent” from the complaint that 

the amount in controversy requirement exceeds the jurisdictional minimum. Id. (citing Pretka v. 

Kolter City Plaza II, Inc., 608 F.3d 744, 754 (11th Cir. 2010)). If the jurisdictional amount is not 

apparent from the face of the complaint, then the court should look to the notice of removal and 

any relevant evidence available at the time the case was removed. Williams v. Best Buy Co., 

Inc., 269 F.3d 1316, 1319 (11th Cir. 2001); see also Roe v. Michelin N. Am., 613 F.3d 1058, 

1061 (11th Cir. 2010) (“[I]n some cases, the defendant or the court itself may be better-situated 

to accurately assess the amount in controversy.”). The court may make “reasonable deductions, 

reasonable inferences, or other reasonable extrapolations” to determine whether the case is 

removable. Pretka, 608 F.3d at 754. 

12. On May 12, 2020, Plaintiffs’ attorney emailed a copy of the supporting estimate 

to American Security which totals $121,962.53. A copy of the supporting estimate is attached as 

Exhibit “5.” On or about December 27, 2019, American Security issued payment to Plaintiffs 

for the undisputed amount of $1,930.47 which factored in the insurance certificate deductible of 

$2,000.00. Applying the payment and deductible to the amount set forth in the estimate would 

reduce Plaintiffs alleged damages to $118,032.06. 

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13. Plaintiffs’ Complaint also includes a demand for attorneys’ fees pursuant to Fla. 

Stat. § 627.428. As such, the preponderance of the evidence shows that the jurisdictional 

threshold of $75,000 is satisfied. See Vigoa v. Bank of Am., N.A., No. 07-23108-CIV, 2008 U.S. 

Dist. LEXIS 128689, at *4 (S.D. Fla. Mar. 10, 2008) (a settlement letter can constitute an “other 

paper” justifying removal under § 1446 (b)); Martin v. Mentor Corp., 142 F. Supp. 2d 1346, 

1349 (M.D. Fla. 2001) (“Defendants may use a variety of documents, including a written 

settlement demand, as an “other paper” under 28 U.S.C. § 1446(b) to determine if the case is 

removable”). 

C. LEGAL STANDARD

14. Pursuant to 28 U.S.C. §1441(a), “any civil action brought in a state court of which 

the district court of the United States have original jurisdiction, may be removed by the 

defendants, to the district court of the United States....where such action is pending.” 

15. Pursuant to 28 U.S.C. § 1332, the district courts have original jurisdiction of all 

civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of 

interest and costs, and is between— 

(1) citizens of different States; 

(2) citizens of a State and citizens or subjects of a foreign state; 

(3) citizens of different States and in which citizens or subjects of a foreign state 

are additional parties; and 

(4) a foreign state, defined in section 1603 (a) of this title, as plaintiff and citizens 

of a State or of different States. 

16. This Court has original jurisdiction under 28 U.S.C. § 1332 because there is 

complete diversity of citizenship between Plaintiffs (who are citizens of Florida) and Defendant 

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(American Security is a citizen of both Georgia and Delaware), and the amount in controversy is 

in excess of $75,000. 

D. CONCLUSION

As complete diversity and the jurisdictional amount have been met, this action is 

removable pursuant to 28 U.S.C. § 1332. 

WHEREFORE, Defendant, American Security Insurance Company, respectfully 

requests that the aforesaid action now pending in the Circuit Court of the Seventeenth Judicial 

Circuit be removed to this Honorable Court. 

Respectfully Submitted, 

SHUTTS & BOWEN LLP 

Attorneys for Defendant, AMERICAN 

SECURITY INSURANCE COMPANY 

200 East Broward Boulevard 

Suite 2100 

Fort Lauderdale, FL 33301 

Telephone: (954) 524-5505 

Facsimile: (954) 524-5506 

By: /s/ Sara Levy 

Sara Levy, Esq. 

Florida Bar No. 23767 

Email: slevy@shutts.com 

Suzanne M. Driscoll, Esq. 

Florida Bar No. 827797 

Email: sdriscoll@shutts.com 

Case 0:20-cv-61144-RS Document 1 Entered on FLSD Docket 06/10/2020 Page 5 of 6
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 10th day of June, 2020, a true and correct copy of the 

foregoing has been furnished via CM/ECF to Matthew B. Gold, Esquire, MBG Law Firm, 10101 

W. Sample Road, Suite 111, Coral Springs, Florida 33065, (mgold@mbg-lawfirm.com, 

dshannon@mbg-laefirm.com). 

/s/ Suzanne M. Driscoll 

SUZANNE M. DRISCOLL 

FTLDOCS 7966232 1

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