25389514v1 A0207

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

VIKING, INC.,

Plaintiff,

v.

NBD INTERNATIONAL, INC. and 

SELECTIVE INSURANCE COMPANY OF 

AMERICA,

Defendant.

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Case No. 1:16-cv-25

NOTICE OF REMOVAL

SELECTIVE INSURANCE COMPANY OF AMERICA ("Selective"), is named as a 

Defendant in the above-captioned case, in which the Plaintiff alleges it suffered personal 

property and business losses. Defendant hereby files this Notice of Removal pursuant to 28 

U.S.C. §1446, and invokes this Court's jurisdiction under the provisions of 28 U.S.C. §1332 and 

28 U.S.C. §1441(b). In support of said removal, Defendant states as follows:

1. On or about January 6, 2016, Plaintiff filed its Complaint in the Whitley Superior 

Court of Indiana, alleging personal property and business losses as a result of negligence and 

breach of contract. A true and correct copy of the Complaint is contained in Exhibit A. The 

cause of action described in those papers was brought with style and captioned as Viking, Inc. v. 

NBD International, Inc. and Selective Insurance Company of America, and assigned 

Cause No. 92D01-1601-PL-000006 (the "state court action").

2. On January 11, 2016, Defendant was served with a copy of Plaintiff's Complaint. 

28 U.S.C. §1446(b) provides that a notice of removal may be filed within 30 days after receipt by 

the Defendant of the initial pleading. As such, Defendant's Notice of Removal is timely field 

under 28 U.S.C. §1446(b).

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3. At all times relevant to the filing of the Plaintiff's Complaint and this Removal 

Notice, Selective was incorporated in the State of New Jersey, and had its principal place of 

business in the State of New Jersey; therefore, it was a citizen of the State of New Jersey. Hertz 

Corp. v. Friend, 559 U.S. 77, 80 (2010). (corporation is deemed “citizen” for §1332 purposes 

only where it is incorporated and where its principal place of business is located).

4. At all times relevant to the filing of the Plaintiff's Complaint and this Removal 

Notice, NBD International, Inc. was incorporated in the State of Ohio, and had its principal place 

of business in the State of Ohio; therefore, it was a citizen of the State of Ohio. 

5. At no times relevant to the filing of the Plaintiff's Complaint and this Removal 

Notice were the Defendants citizens of the State of Indiana, nor had their principal place of 

business in the State of Indiana.

6. At all times relevant to the filing of the Plaintiff's Complaint and this Removal 

Notice, the Plaintiff was a citizen of the State of Indiana. 

7. Plaintiff claims to have suffered personal and business losses. Specifically, the 

Plaintiff alleges that it suffered a catastrophic fire loss at its 70,000 square feet headquarters and 

manufacturing facility. Plaintiff claims that while representations were made that the cost of 

cleaning and repairing its equipment were approximately $350,000.00, its equipment and 

machines impacted by the fire were a total loss. As a result, the Plaintiff claims that it has 

suffered losses to its equipment and machines far in excess of its coverage limits, and also that is 

has lost customers. The Plaintiff also seeks punitive damages against Selective for breach of the 

duty of good faith and fair dealing, which can be used to meet the diversity jurisdictional 

threshold. See LM Ins. Corp. v. Spaulding Enters. Inc., 533 F.3d 542, 551 (7th Cir. 2008) 

(holding punitive damages can satisfy the minimum amount in controversy required for diversity 

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jurisdiction if they are recoverable under state law). Thus, the amount in controversy exceeds 

$75,000.00, exclusive of interests and costs. See Copak v. State Farm Mut. Auto. Ins. Co., 2013 

WL 450198 (N.D. Ind) (holding that where the Defendant's assessment of the amount in 

controversy is plausible based on the pleadings and the evidence, removal is proper).

8. Because the jurisdictional minimum is satisfied and the parties are of diverse 

citizenship, the Court has jurisdiction over this matter under 28 U.S.C. §1332.

10. Pursuant to 28 U.S.C. §1446(b), the state court action may be removed to this 

Federal District Court, being a United States District Court for the Northern District of Indiana, 

which embraces Whitley County, Indiana, within its jurisdiction.

11. NBD International, Inc. has consented to the removal of this action as evidenced 

by Exhibit B.

12. Pursuant to 28 U.S.C. §1446(d), Defendant shall give written notice of this 

removal to all parties in the state court action, and shall file a copy of this Notice of Removal 

with the clerk of the state court action. 

13. Pursuant to 28 U.S.C. §1446(a), Defendant attaches to this Notice of Removal a 

copy of all pleadings, papers, and other orders served upon it in the state court action date. See 

Group Exhibit C attached hereto1

.

WHEREFORE, Defendant Selective Insurance Company of America, prays this Notice 

be granted and that said action be removed in its entirety from the Superior Court of Whitley 

County, State of Indiana, to the United States District Court, Northern District of Indiana, as 

provided by law.

 

1 Exhibit C will be filed in a subsequent filing as Defendant is seeking leave to file it in redacted 

form.

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Respectfully submitted,

HINSHAW & CULBERTSON LLP

By: /s/ Jennifer Kalas

Jennifer Kalas (17396-64)

322 Indianapolis Blvd.

Suite 201

Schererville, IN 46375

Phone No.: 219-864-5051

Fax No.: 219-864-5052

E-mail Address: jkalas@hinshawlaw.com

CERTIFICATE OF SERVICE

I certify that on the 22nd day of January, 2016 a copy of the foregoing pleading or paper 

was served upon all attorneys of record/appropriate parties via the Court's electronic filing 

system and UPS OVERNIGHT MAIL.

HINSHAW & CULBERTSON LLP

BY: /s/ Jennifer Kalas

Craig R. Patterson

Beckman Lawson, LLP

201W. Wayne Street

Fort Wayne, IN 46802

260.422.0800

NBD International, Inc. 

c/o/ Lindsay Hurni Lepley 

Burt, Blee, Dixon, Sutton & Bloom, LLP

200 East Main Street

Suite 1000

1st Source Banking Center

Fort Wayne, IN 46802

Phone: 260.426.1300

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