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CHUBB CUSTOM INS. CO. v. PRUDENTIAL INS. CO. OF AM.

No. A-47 September Term, 2007

948 A.2d 1285 (2008)

195 N.J. 231

CHUBB CUSTOM INSURANCE COMPANY, Federal Insurance Company and Executive Risk Indemnity, Inc., Plaintiffs-Respondents, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Prudential Financial, Inc. and Prudential Equity Group, LLC, Defendants-Appellants.

Supreme Court of New Jersey.

Decided June 26, 2008.

Attorney(s) appearing for the Case

David L. Menzel, Parsippany, argued the cause for appellants (Cuyler Burk, attorneys; Mr. Menzel and Stephen D. Cuyler, of counsel; Mr. Menzel and Tanya M. Mascarich, on the briefs).

Christopher T. Handman, Washington, DC, a member of the District of Columbia Bar, argued the cause for respondents (Belsole & Kurnos, attorneys; Roy E. Kurnos, on the briefs).

Justice LONG delivered the opinion of the Court.

At issue in this appeal is the meaning of a service of suit clause in an insurance policy. In particular, an insured argues that such a provision operates effectively as a forum selection clause, affording it absolute hegemony over the question of the jurisdiction in which any coverage dispute is to be litigated. The trial judge agreed and ruled that the service of suit clause entitled the insured to its choice regarding...

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