DEFENDANT’S NOTICE OF REMOVAL PAGE 1 

7812284v1 

03904.333 

 UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

MARK SCOTT CULBERTH, 

Plaintiff, 

V. 

THE TRAVELERS COMPANY, INC. 

Defendant. 

§

§

§

§

§

§

§

CIVIL ACTION NO. 1:20-CV-277 

DEFENDANT THE TRAVELERS COMPANY, INC.’S NOTICE OF REMOVAL 

TO THE HONORABLE UNITED STATES DISTRICT COURT: 

Pursuant to 28 U.S.C. §§ 1441 and 1446, The Travelers Company, Inc. (“Defendant”) 

files its Notice of Removal to the United States District Court for the Western District of Texas, 

San Antonio, Division, on the basis of diversity of citizenship and amount in controversy and 

respectfully shows the following. The Travelers Company, Inc. is not a legal entity. The 

Travelers Companies, Inc. (plural) is a legal entity. However, neither is a proper party to this 

lawsuit. Travelers Property Casualty Insurance Company of America issued the subject auto 

insurance policy under which Plaintiff seeks underinsured motorist benefits and is a proper party 

to this lawsuit. Plaintiff and Travelers Property Casualty Insurance Company of America are 

diverse in citizenship (Texas) and state of incorporation (Connecticut). 

I.

FACTUAL BACKGROUND 

1. On or about February 4, 2020, Plaintiff Mark Scott Culberth filed his Original 

Petition in a case styled Mark Scott Culberth v. The Travelers Company, Inc., Cause No. 

2020CI02421, pending in the 37th Judicial District Court for Bexar County, Texas. 

2. The Travelers Companies, Inc. (improperly named as The Travelers Company, 

Inc.) (“Travelers”) received service of the Original Petition and Request for Disclosures on 

Case 5:20-cv-00326 Document 1 Filed 03/16/20 Page 1 of 5
DEFENDANT’S NOTICE OF REMOVAL PAGE 2 

7812284v1 

03904.333 

February 14, 2020. Travelers filed its Original Answer, Verified Denial and General Denial on 

March 5, 2020 and identified the proper entity to the suit as Travelers Property Casualty 

Company of America. 

3. Defendant files this notice of removal within 30 days of this case becoming 

removable and within one year from the commencement of the action. See 28 U.S.C. §1446(b) 

and (c). 

Simultaneously with the filing of this Notice of Removal, Defendant submits the 

following: 

 Exhibit A: Index of the Bexar County District Clerk that clearly identifies each 

document and indicates the date the document was filed in state court. 

 Exhibit B: Plaintiffs’ Original Petition and Request for Disclosure (filed February 

2, 2020)

 Exhibit C: Citation issued to The Travelers Company, Inc.

 Exhibit D: The Travelers Company, Inc.’s Original Answer, Verified Denial and 

General Denial (filed March 5, 2020)

 Exhibit E: The Travelers Company, Inc.’s Original Answer, Verified Denial and 

General Denial (filed again in error on March 6, 2020)

 Exhibit F: Bexar County District Court Docket Sheet.

II. 

BASIS FOR REMOVAL 

4. Removal is proper based upon diversity of citizenship under 28 U.S.C. §§ 

1332(a)(1), 1441(a), and 1446. 

5. Upon information and belief, Plaintiff, Mark Scott Culberth a resident of the state 

of Texas at the time the lawsuit was filed. 

Case 5:20-cv-00326 Document 1 Filed 03/16/20 Page 2 of 5
DEFENDANT’S NOTICE OF REMOVAL PAGE 3 

7812284v1 

03904.333 

6. The Travelers Companies, Inc. is, and was at the time the lawsuit was filed, 

incorporated under the laws of the state of Delaware. 

7. Proper party Travelers Property Casualty Company of America is, and was at the 

time the lawsuit was filed, incorporated under the laws of the state of Connecticut, with its 

principal place of business in Connecticut. 

8. As alleged in his Original Petition, Plaintiff stipulates that he seeks monetary 

relief of one million dollars ($1,000,000). See Plaintiff’s Original Petition, paragraph 21 

(Exhibit B). Therefore, the amount in controversy exceeds the jurisdictional requirements for 

removal. 

III. 

THE REMOVAL IS PROCEDURALLY CORRECT 

9. Because it is being filed within 30 days after the case became removable and 

within one year from the commencement of the action, the removal is timely under 28 U.S.C. § 

1446(b) and (c). 

10. Venue is proper in this District and Division under 28 U.S.C. §1446(a) because 

this District and Division include the county in which the state action has been pending and 

because a substantial part of the events giving rise to Plaintiff’s claims allegedly occurred in this 

District and Division. 

11. Pursuant to 28 U.S.C. §1446(a), all pleadings, process, orders, and all other filings 

in the state court action are attached to this Notice. 

12. Promptly after Defendant files this Notice of Removal, written notice of the filing 

will be given to Plaintiff pursuant to 28 U.S.C. §1446(d). 

Case 5:20-cv-00326 Document 1 Filed 03/16/20 Page 3 of 5
DEFENDANT’S NOTICE OF REMOVAL PAGE 4 

7812284v1 

03904.333 

13. Promptly after Defendant files this Notice of Removal, a true and correct copy of 

same will be filed with the Clerk of the Bexar County District Court pursuant to 28 U.S.C. 

§1446(d). 

IV. 

CONCLUSION 

Based upon the foregoing, the exhibits submitted in support of this Notice and other 

documents filed contemporaneously with this Notice and fully incorporated herein by reference, 

Defendant hereby removes this case to this Court for trial and determination. 

Respectfully submitted, 

THOMPSON, COE, COUSINS & IRONS, L.L.P. 

By: __/s/ Jeff D. Otto__________________ 

 Jeff D. Otto – Attorney in Charge 

 State Bar No. 15345500 

 Erika Laremont 

 State Bar No. 24013003 

701 Brazos, Suite 1500 

Austin, Texas 78701 

Telephone: (512) 703-5029 

Telecopy: (512) 708-8777 

E-Mail: jotto@thompsoncoe.com

E-Mail: elaremont@thompsoncoe.com

ATTORNEYS FOR DEFENDANT 

THE TRAVELERS COMPANY, INC. 

Case 5:20-cv-00326 Document 1 Filed 03/16/20 Page 4 of 5
DEFENDANT’S NOTICE OF REMOVAL PAGE 5 

7812284v1 

03904.333 

CERTIFICATE OF SERVICE 

By my signature above, I certify that a true and correct copy of the foregoing has been 

delivered by e-file on this the 16th day of March, 2020, to the following: 

Bernardo Gonzalez 

Scott Walther 

The Law Offices of Thomas J. Henry 

P.O. Box 696025 

San Antonio, Texas 78269 

(210) 656-1000 

bgonzalez-svc@tjhlaw.com 

ATTORNEYS FOR PLAINTIFF 

Case 5:20-cv-00326 Document 1 Filed 03/16/20 Page 5 of 5