Steele v. Boston Mutual Insurance Company

Background

Beatrice Shirley Williams Steele, who is representing herself, sued in the Southern District of New York over claims arising from an insurance policy. The opinion’s caption names the defendant as Boston Mutual Critical Illness Insurance, while the body describes the named defendant as Boston Mutual Insurance Company and says it is located in Canton, Massachusetts.

Venue and transfer analysis

The court discussed the federal venue statute, 28 U.S.C. § 1391(b). It said venue did not appear proper in New York under the provision concerning where a defendant resides because nothing suggested that the defendant resides in New York. Venue could be proper in New York under the provision concerning where a substantial part of the events occurred, but Steele did not allege facts showing that substantial events occurred there. Her allegations instead suggested that substantial events occurred in Massachusetts.

The court also considered 28 U.S.C. § 1404(a), which permits transfer to another federal court for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer appeared appropriate because the underlying events appeared to have occurred in Massachusetts, where the defendant is located and where relevant documents and witnesses could reasonably be expected to be located.

Ruling and effect

Chief United States District Judge Laura Taylor Swain ordered the clerk to transfer the action to the United States District Court for the District of Massachusetts. The opinion did not decide the merits of Steele’s insurance claims. It stated that the transferee court would decide whether Steele could proceed without prepaying fees. The New York court ordered that no summons issue and said the case was closed in that court. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.