Free Notice of Removal - District Court of Delaware - Delaware

Case 1:08-cv-00013-JJF

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EXHIBIT "A"

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Filed 01/07/2008 Page 2 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB

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Filed 01/07/2008 Page 3 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY : : : : : : : : : :

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John Watson Plaintiff v. Hartford Life and Accident Insurance Company Defendant.

C.A. ARBITRATION

TRIAL BY JURY OF TWELVE DEMANDED

COMPLAINT 1. 2. Plaintiff, John Watson, is a resident of the State of Delaware. Defendant, Hartford Life and Accident Insurance Company, is licensed to do business in the State of Delaware. 3. 4. 5. 6. Plaintiff, John Watson, had a contract for total disability benefits with the Defendant. On or about August 17, 2001, Plaintiff, was injured in a work accident. Since August 17, 2001, Plaintiff has been totally disabled form all work. In 2002, Plaintiff was approved for Social Security disability. He is still currently receiving total disability from Social Security. 7. 8. Since September of 2002, Defendant has refused to pay total disability benefits. Defendant's refusal to pay total disability benefits constitutes a breach of contract pursuant to the terms of the contract. 9. Pursuant to the contract, Plaintiff is entitled to reinstatement of his total disability benefits dating back to 2002 plus interest, cost of suit, and attorney fees.

10.

Defendant has had no reasonable basis for the denial of total disability benefits.

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Since Defendant has no reasonable basis for the denial of total disability benefits, the Plaintiff is entitled to punitive damages.

WHEREFORE, the Plaintiff's demand of judgment against the defendants for special, punitive and compensatory damages as well as cost, interest and attorneys fees the Court will award.

SILVERMAN McDONALD & FRIEDMAN

/S/ Brian E. Lutness BRIAN E. LUTNESS, ESQUIRE Bar ID No.: 3572 1010 N. Bancroft Parkway,Suite 22 Wilmington, Delaware 19805 Attorney for Plaintiff

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Filed 01/07/2008 Page 5 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB

Case 1:08-cv-00013-JJF

Filed 01/07/2008 Page 6 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY : : : : : : : : : :

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John Watson Plaintiff v. Hartford Life and Accident Insurance Company Defendant.

C.A. ARBITRATION

TRIAL BY JURY OF TWELVE DEMANDED

PLAINTIFF'S ANSWERS TO FORM 30 INTERROGATORIES 1. Give the name and present or last known residential and employment address and

telephone number of each eye-witness to the incident which is the subject of the litigation.

A. 2.

N/A Give the name and present or last known residential and employment address and

telephone number of each person who has knowledge of the facts relating to the litigation.

A.

Personnel of Silverman, McDonald & Friedman 1010 N. Bancroft Parkway, Suite 22 Wilmington, DE 19805 Personnel of Hartford Life and Accident Insurance Company Benefit Management Claim office Atlanta Disability Claim office P.O. Box 1811 Alpharetta, GA 30023 Personnel of Harvey & Harvey Waste Management

3.

Give the names of all persons who have been interviewed in connection with the

above litigation, including the names and present or last known residential and employment

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addresses and telephone numbers of the persons who made said interviews and the names and present or last known residential and employment addresses and telephone numbers of persons who have the original and copies of the interview.

A. 4.

No interviews have been conducted to date. Identify all photographs, diagrams or other representation made on connection

with the matter in litigation, giving the name and present or last known residential and employment address and telephone number of the person having the original and copies thereof. (In lieu thereof, a copy can be attached).

A. 5.

N/A Give the name, professional address and telephone number of all expert witnesses

presently retained by the party together with the dates of any written opinions prepared by said expert. If an expert is not presently retained, describe by type the experts whom the party expects to retain in connection with the litigation.

A. experts. 6.

None at this time. However, plaintiff expects to call treating physicians as

Give a brief description of any insurance policy including excess coverage, that is

or may be applicable to the litigation, including:

A. B. C. D. A. B. C. D.

Insurer Policy Number Type Insurance Policy Limits Hartford Life and Accident Insurance Company GRH 070923 Disability To be provided.

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7. Give the name, professional address, telephone number of all physicians, chiropractors, psychologists, and physical therapists who have examined or treated you at any time during the ten year period immediately prior to the date of the incident at issue in this litigation. A. To be provided.

SILVERMAN McDONALD & FRIEDMAN

/S/ Brian E. Lutness BRIAN E. LUTNESS, ESQUIRE Bar ID No.: 3572 1010 N. Bancroft Parkway, Suite 22 Wilmington, Delaware 19805 (302) 888-2900 Attorney for Plaintiff

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Filed 01/07/2008 Page 9 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY : : : : : : : : : :

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John Watson Plaintiff v. Hartford Life and Accident Insurance Company Defendant.

C.A. ARBITRATION

TRIAL BY JURY OF TWELVE DEMANDED

PRAECIPE TO: PROTHONOTARY Superior Court New Castle County Court House 500 N. King Street Wilmington, DE 19801 PLEASE ISSUE SUMMONS, directing the Sheriff of Kent County to serve the Complaint on Defendant Hartford Life and Accident Insurance Company by serving the Delaware Insurance Commissioner pursuant to 18 Del.C. §525. Delaware Insurance Commissioner 841 Silverlake Boulevard Dover, DE 19904

SILVERMAN McDONALD & FRIEDMAN

/S/ Brian E. Lutness BRIAN E. LUTNESS, ESQUIRE Bar ID No.: 3572 1010 N. Bancroft Parkway,Suite 22 Wilmington, Delaware 19805 Attorney for Plaintiff

Case 1:08-cv-00013-JJF

Filed 01/07/2008 Page 10 of 10 EFiled: Oct 12 2007 4:48PM EDT Transaction ID 16658673 Case No. 07C-10-135 JEB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY : : : : : : : : : :

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John Watson Plaintiff v. Hartford Life and Accident Insurance Company Defendant.

C.A. ARBITRATION

TRIAL BY JURY OF TWELVE DEMANDED

SUMMONS THE STATE OF DELAWARE, TO SHERIFF OF KENT COUNTY: YOU ARE COMMANDED: To summon the above named Defendant, so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon Brian E. Lutness, Esquire, plaintiff's attorney, whose address is Silverman & McDonald, 1010 N. Bancroft Parkway, Suite 22, Wilmington, DE 19805, an Answer to the Complaint. To serve upon defendant a copy hereof and of the complaint. Dated: SHARON AGNEW Prothonotary _______________________ Per Deputy TO THE ABOVE NAMED DEFENDANT: In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney named above an answer to the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. SHARON AGNEW Prothonotary ______________________ Per Deputy

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