The U.S. District Court for the Northern District of California ruled that an insurance company must reimburse Foster Farms, LLC for costs relating to antitrust suits that accused the poultry company of price-fixing in the turkey market. U.S. District Judge William H. Orrick granted summary judgment in favor of Foster Farms in a coverage dispute with its insurer, Everest National Insurance Company, after finding that the policy's “Specific Matter Exclusion,” which precludes coverage for liability related to underlying chicken antitrust suits, does not preclude coverage of turkey-related antitrust suits. The judge also held that Everest has an ongoing obligation to defend the company up to the policy limit.
[To accompany Case Law Update "Federal Court Rules that Insurance Company Must Reimburse Foster Farms for Costs Related to Defense of Turkey Antitrust Cases” from Brooks Animal Law Digest Issue No. 187]