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Judge Trims Georgia Chicken Plant's $2M Suit Against Insurer


After six workers died from a liquid nitrogen leak at a Georgia chicken processing plant in January 2021, Foundation Food Group (FFG) Inc. and Prime-Pak Foods Inc. alleged it lost more than $2 million in property, business income, and other expenses, which it claims was covered by the commercial general property insurance policy it had with Selective Way Insurance Company, a MMM client. A federal judge recently granted the client's motion for partial summary judgment stating in his order that "FFG's breach of contract claim will resolve its declaratory judgment claim and no substantial controversy regarding future contractual rights exists.”

In its claim for attorney fees, FFG accused Selective of acting in bad faith and causing it unnecessary trouble, for which attorney fees can be awarded under Georgia law.

Selective argued in its motion to dismiss the claims for declaratory judgment and attorney fees that the judgment claim was duplicative and the fees claim had no viability under Georgia law.

Selective is represented by MMM litigators Seslee Smith, Ryan Burke, and Nathan Miles.

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