UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC., 

CASE NO.: ________________ 

STATE CASE NO.: 2022-019099-CA-01 

Plaintiff, 

vs. 

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST 

INDEMNITY INSURANCE COMPANY, 

Defendants. 

__________________________________/ 

NOTICE OF REMOVAL 

Defendant, WESTCHESTER SURPLUS LINES INSURANCE COMPANY 

(“WESTCHESTER”), by and through its undersigned counsel, pursuant to 28 U.S.C. § 1441(a), 

removes an action pending in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and 

for Miami-Dade County, styled OCEANIA III CONDOMINIUM ASSOCIATION, INC. v. 

WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Case No. 2022-019099-CA01, where Plaintiff filed suit against WESTCHESTER, and further states: 

1. Plaintiff filed a Complaint against WESTCHESTER and co-defendant EVEREST 

INDEMNITY INSURANCE COMPANY (“EVEREST”), in Miami-Dade County Circuit Court 

on or about October 4, 2022. On or about October 20, 2022, WESTCHESTER and EVEREST 

were served with a Summons and copy of the Complaint in connection with the state action. 

Plaintiff’s Complaint asserts that WESTCHESTER and EVEREST breached insurance contracts 

Case 1:22-cv-23681-RNS Document 1 Entered on FLSD Docket 11/09/2022 Page 1 of 6
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issued to Plaintiff.1 Pursuant to 28 U.S.C. § 1446 (b)(2)(A), EVEREST joins in and consents to 

the removal.

2. This Notice of Removal is filed in the United States District Court for the 

Southern District of Florida, Miami Division, the court for the district and division which 

embraces the state court where the removed state action was pending, and is filed within the time 

provided for the removal of actions to the United States District Court. See 28 U.S.C § 1446(b).

3. This Notice of Removal is timely filed pursuant to 28 U.S.C. § 1446(b) (“The 

notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by 

the defendant, through service or otherwise, of a copy of the initial pleading . . . ”).

4. Pursuant to 28 U.S.C. § 1446(a), true and legible copies of all process, pleadings, 

orders, and other papers or exhibits of every kind filed with the state court are being filed with 

this Notice of Removal.

VENUE 

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

Florida because the state court action originated in Miami-Dade County, Florida.

JURISDICTION 

6. This Court has jurisdiction. The state court action is a civil action which falls 

under this Court’s original jurisdiction pursuant to 28 U.S.C. § 1332(a) because the parties are 

completely diverse and the amount in controversy exceeds $75,000.00, exclusive of interest and 

costs. WESTCHESTER is entitled to remove this action pursuant to 28 U.S.C. § 1441. 

 

1

 See attached Complaint (attached as Composite Exhibit 1), Florida Department Financial 

Services Summary (attached as Exhibit 2), and Policies attached as Exhibit 3 and Exhibit 4.

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COMPLETE DIVERSITY EXISTS

7. There is complete diversity between the Plaintiff, WESTCHESTER and 

EVEREST. 

8. WESTCHESTER is, and was at the time the Complaint was filed in Florida state 

court, a foreign corporation, organized and existing under the laws of the State of Georgia, with 

its principal place of business located in the State of Pennsylvania.2

9. EVEREST is, and was at the time the Complaint was filed in Florida state court, a 

foreign corporation, organized and existing under the laws of the State of Delaware, with its 

principal place of business located in the State of New Jersey.3

10. Therefore, for purposes of determining diversity under 28 U.S.C. § 1332(c)(1), 

WESTCHESTER is a citizen of the State of Georgia and the State of Pennsylvania, and 

EVEREST is a citizen of the State of Delaware and the State of New Jersey. 4

11. According to the Complaint, Plaintiff, OCEANIA III CONDOMINIUM 

ASSOCIATION, INC., is, and was at the time the Complaint was filed in Florida state court, a 

Corporation, incorporated in Florida, with its principal place of business in Sunny Isles Beach, 

Miami-Dade County, Florida.5 Therefore, for purposes of determining diversity jurisdiction 

under 28 U.S.C. § 1332(c)(1), Plaintiff is a citizen of the State of Florida. 

 

2

 See Florida Office of Insurance Regulation Summary, attached as Exhibit 5.

3

 See Florida Office of Insurance Regulation Summary, attached as Exhibit 6.

4

See Florida Office of Insurance Regulation Summary, attached hereto as Exhibit 5 and Exhibit 

6.

5

See Plaintiff’s Complaint (attached hereto as Composite Exhibit 1) and Plaintiff’s Corporation 

Information from Sunbiz.org (attached here to as Exhibit 7). 

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AMOUNT IN CONTROVERSY EXCEEDS $75,000.00

12. WESTCHESTER issued a commercial property policy to Plaintiff under Policy 

No. D38073229-001 (hereinafter the “WESTCHESTER Policy”). The WESTCHESTER Policy 

period is from April 19, 2017, through April 19, 2018.6 

13. EVEREST issued a commercial property policy to Plaintiff under Policy No. 

CA3P005825171 (hereinafter the “EVEREST Policy”). The EVEREST Policy period is from 

April 19, 2017, through April 19, 2018.7

14. Plaintiff’s Complaint asserts a cause of action for breach of contract, alleging that 

WESTCHESTER refused and continues to refuse to pay Plaintiff’s claim that occurred as a 

result of damage caused by Hurricane Irma on or about September 10, 2017.8 Plaintiff asserts 

that it suffered damages as a result of the loss and attorney’s fees.9 

15. The amount in controversy, now and at the time the Complaint was filed in 

Florida state court, exceeds $75,000.00, exclusive of interest and costs. The amount claimed by 

Plaintiff is $13,789,490.96, based upon Plaintiff’s Proof of Loss.10

COMPLIANCE WITH 28 U.S.C. § 1446 

16. Pursuant to the provisions of 28 U.S.C. § 1446, and S.D. Fla. Loc. R. 7.2, 

WESTCHESTER files copies of all process, pleadings, orders, and other papers or exhibits of 

every kind, including depositions, on file in the state court as of the date of this filing.11 

 

6

 See WESTCHESTER Policy attached as Exhibit 3. 

7

 See EVEREST Policy attached as Exhibit 4. 

8

 See Plaintiff’s Complaint, attached hereto as Composite Exhibit 1. 

9

 See Plaintiff’s Complaint attached hereto as Composite Exhibit 1. 

10

 See Plaintiff’s Proof of Loss, attached hereto as Exhibit 8. 

11

 See Composite Exhibit 1, and Miami-Dade County Clerk of Court Docket sheet (attached as 

Exhibit 9).

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17. Pursuant to 28 U.S.C. § 1446(d), WESTCHESTER filed this Notice of Removal 

with this Court and is serving a copy of this Notice of Removal upon counsel for all parties. A 

true copy of this Notice of Removal is also being filed by WESTCHESTER with the state court 

where this action was pending and written notice will be given to all adverse parties “promptly 

after” the filing in this Court of this Notice of Removal, in full compliance with 28 U.S.C. § 

1446(d). 

18. Pursuant to 28 U.S.C. § 1446(d), WESTCHESTER provided written notice of the 

filing of the Notice of Removal, along with copies of this Notice of Removal and all attachments, 

to all adverse parties and with the Clerk of the Circuit Court of the Eleventh Judicial Circuit of 

Florida in and for Miami-Dade County. 

WHEREFORE, WESTCHESTER respectfully requests that this Court (1) remove this 

action from the Circuit Court; (2) exercise jurisdiction over this matter as provided by law; and 

(3) place the action on the docket of this Court for further proceedings, the same as if this action 

had originally been executed in this Court. 

Respectfully submitted this 9th day of November, 2022. 

BUTLER WEIHMULLER KATZ CRAIG LLP 

/s/ Justin W. Sblano 

CHRISTOPHER M. RAMEY, ESQ. 

Florida Bar No.: 0044808 

cramey@butler.legal 

JUSTIN SBLANO, ESQ. 

Florida Bar No.: 1008138 

Secondary: hkerr@butler.legal 

ebarker@butler.legal 

400 N. Ashley Drive, Suite 2300 

Tampa, Florida 33602 

Telephone: (813) 281-1900 

Facsimile: (813) 281-0900 

Attorneys for Defendant, WESTCHESTER SURPLUS 

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LINES INSURANCE COMPANY 

CERTIFICATE OF SERVICE

I certify that on November 9, 2022, I presented the foregoing to the Clerk of Court for 

filing and uploading to the CM/ECF system. A copy of the foregoing was forwarded to the 

following this same date: 

William McCaughan, Jr., Esq. 

Jesmany Jomarron, Esq. 

The Morgan Law Group 

55 Merrick Way, Suite 404 

Coral Gables, Florida 33134 

Telephone: (305) 569-9900 

Facsimile (305) 443-6828 

Primary: mlg.eservice@morganlawgroup.net 

Secondary: wmccaughan@morganlawgroup.net 

Tertiary: jjomarron@morganlawgroup.net 

Attorneys for Plaintiff, OCEANIA III 

CONDOMINIUM ASSOCIATION, INC. 

Robert S. Horwitz, Esq. 

Conroy Simberg 

1801 Centrepark Drive East, Suite 200 

West Palm Beach, FL 33401 

Telephone: (561) 697-8088 

Facsimile: (561) 697-8664 

rhorwitz@conroysimberg.com 

Attorney for Co-Defendant, EVEREST 

INDEMNITY INSURANCE COMPANY 

/s/ Justin W. Sblano 

JUSTIN W. SBLANO, ESQ. 

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