Service of Suit Clause Waived Insurer’s Right to Remove, Mass. Federal Judge Rules

BOSTON - In its policy’s service of suit clause, Chartis Specialty Insurance Co. waived its right to remove to federal court a suit initiated by its policyholder, a Massachusetts judge has ruled, because the clause limits the venue to that of the policyholder’s choosing, as long as it is a single forum in a state or federal court.

On Aug. 19, Judge Timothy S. Hillman of the U.S. District Court for the District of Massachusetts remanded the case to state court, finding that any other reading of the clause would render its language superfluous.

Chartis insured Hanover under a professional …