Foster Farms, LLC v. Everest National Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FOSTER FARMS, LLC, et al., Case No. 3:21-cv-04356-WHO
Plaintiffs,
ORDER ON CROSS MOTIONS FOR
v. SUMMARY JUDGMENT
EVEREST NATIONAL INSURANCE Re: Dkt. Nos. 57,
COMPANY,
11 Defendant.
12 This is an insurance coverage dispute between plaintiffs Foster Farms, LLC, and Foster Poultry Farms (collectively, “Foster”) and defendant Everest National Insurance Company (“Everest”). After Foster was sued for alleged antitrust violations concerning its chicken products, Foster purchased insurance from Everest that covered antitrust claims but precluded coverage of claims related to the chicken antitrust suits. Subsequently, Foster was sued for alleged antitrust violations concerning its turkey products. Foster filed a claim with Everest for insurance coverage of the turkey antitrust suits, but Everest denied the claim, citing the exclusion provision for the chicken suits. Foster filed suit in this court, seeking declaratory judgment that the policy…