7th Circuit rejects egg farm's arguments

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The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.

Rose Acre Farms wants Columbia Casualty Co. and National Fire Insurance Co. of Hartford to defend it in the antitrust and other suits pending against it and other egg farms in federal court in the Eastern District of Pennsylvania. Rose Acre claims the complaints seek damages for what would fall under “personal and advertising injury” in the farm’s insurance policies. The District Court in the Southern District of Indiana granted summary judgment in favor of the insurers, who refused to defend the company on the grounds that the complaints alleged nothing that could be regarded as “personal and advertising injury.”

The insurance policies are identical and define “personal and advertising injury” as “injury … arising out of one or more of the following offenses,” which includes “the use of another’s advertising idea in your ‘advertisement.’” The 7th Circuit found Rose Acre’s attempt to connect its advertising to the antitrust suit to be convoluted, and found the farm’s suit would fail even if one could tease out of the antitrust complaint a charge that Rose Acre’s advertising was in furtherance of the alleged antitrust conspiracy, wrote Judge Richard Posner in Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford, No. 11-1599.

The antitrust suit for which Rose Acre wants a defense doesn’t make any claim that could possibly be covered by its insurance policies, the court held. Posner also noted that the 11th Circuit, a week before the oral arguments in this case, rejected an identical claim by a firm represented by Rose Acre’s counsel in this case.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...