This case was last updated from U.S. District Courts on 11/16/2021 at 08:02:48 (UTC).

Foundation Food Group, Inc. et al v. Selective Way Insurance Company

Case Summary

 On September 17, 2021, Foundation Food Group, Inc. and Prime-Pak Foods, Inc. (collectively, “FFG” or “Plaintiffs”), represented by David Austin Bersinger of Barnes & Thornburg LLP, filed an insurance lawsuit against Selective Way Insurance Company (“Selective” or “Defendant”), seeking declaratory judgement along with attorney’s fees for the alleged breach of contract by the defendant. This case was filed in the U.S. District Court in the Northern District of Georgia with Judge Richard W. Story presiding.

In the complaint the plaintiffs alleged that, “FFG owns and operates four poultry production plants in Gainesville, Georgia. On and around January 28, 2021, a freezer in one of the poultry production plants, Plant 4, suffered physical damage and malfunctioned, causing a liquid nitrogen (LN2) overflow in the Plant 4 freezer room. Six (6) FFG employees died as a result of the freezer incident (the “Incident”), and several others suffered physical injuries. The Hall County Fire Department (“HCFD”) responded to the Incident and took control of Plant 4. Federal government agencies launched investigations into the Incident and took control of Plant 4 from the HCFD.”

The plaintiffs further alleged that, “Plant 4 was deemed an accident and crime scene; no one was allowed to enter for several days, and FFG was prevented from operating for several weeks. As a result of the Incident, FFG suffered over $2,000,000 in property loss, business income loss, and extra expense. FFG maintains commercial general property insurance for Plant 4 with Selective. FFG maintains the Selective Policy to cover risks like the January 28, 2021 Incident. FFG promptly reported the Incident and its losses to Selective. For the eight (8) months following the Incident, Selective has failed to pay any amount to cover FFG’s losses. Instead of paying covered losses, Selective has drowned FFG in requests for information and further explanations.”

The plaintiffs also alleged that, “FFG has complied with all of Selective’s requests and produced over 2400 pages of Bates-labeled documents to Selective. FFG also submitted sworn Proofs of Loss for its claims, as well as follow-up narratives and further explanations requested by Selective. Selective rejected FFG’s Proofs of Loss in total and continues to request additional information from FFG. By repeatedly failing to pay any amount towards FFG’s over $2,000,000 in losses, Selective has breached its duties to FFG under the Policy. . Selective’s dilatory failure to pay FFG’s covered losses has caused additional damage to FFG, including a forced sale of the company. Without coverage from Selective, FFG continues and will continue to suffer additional damages.”

There are three claims for relief laid down by the plaintiffs. The first claim is for declaratory judgement, the second claim is for the alleged breach of contract and the third claim is for the attorney’s fees.

In its prayer for relief the plaintiffs have requested the court to enter a judgment in favor of the plaintiffs and against the defendant on all of FFG’s claims and a declaration that the defendant must reimburse the plaintiffs for losses that the plaintiffs incurred as a result of the incident. The plaintiffs have also requested the court to hold that the defendant has breached its obligations under the Policy by failing to reimburse the plaintiffs for any of the losses that the plaintiffs incurred as a result of the incident.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00207

  • Filing Date:

    09/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

Richard W. Story

 

Party Details

Plaintiffs

Foundation Food Group, Inc.

Prime-Pak Foods, Inc.

Defendant

Selective Way Insurance Company

Attorney/Law Firm Details

Plaintiff Attorney

David Austin Bersinger

Attorney at Barnes & Thornburg LLP

3475 Piedmont Road N.E., Suite 1700

Atlanta, GA 30305-3327

Defendant Attorneys

Nathan R. Miles

Attorney at Morris, Manning & Martin, LLP

3343 Peachtree Road, Ne, Suite 1600

Atlanta, GA 30034

Ryan Chorkey Burke

Attorney at Morris Manning & Martin, LLP

1600 Atlanta Financial Center, 3343 Peachtree Rd., N.E.

Atlanta, GA 30326-1044

Seslee S. Smith

Attorney at Morris, Manning & Martin, LLP

1600 Atlanta Financial Center, 3343 Peachtree Road, N.E.

Atlanta, GA 30326-1044

 

Court Documents

#7

(#7) Certificate of Interested Persons and Corporate Disclosure Statement by Selective Way Insurance Company identifying Other Affiliate BlackRock, Inc., Other Affiliate NASDAQ Global Select Market, Other Affiliate SIGI for Selective Way Insurance Company. (Smith, Seslee) (Entered: 10/18/2021)

#6

(#6) NOTICE of Appearance by Seslee S. Smith on behalf of Selective Way Insurance Company (Smith, Seslee) (Entered: 10/18/2021)

#5

(#5) WAIVER OF SERVICE Returned Executed by Foundation Food Group, Inc., Prime-Pak Foods, Inc.. Selective Way Insurance Company waiver mailed on 9/23/2021, answer due 11/22/2021. (Bersinger, David) (Entered: 09/24/2021)

#4

(#4) Electronic Summons Issued as to Selective Way Insurance Company. (rsg) (Entered: 09/22/2021)

#3

(#3) PROPOSED SUMMONS filed by Foundation Food Group, Inc., Prime-Pak Foods, Inc. (Bersinger, David) (Entered: 09/21/2021)

#2

(#2) COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 09/20/2021)

1 #15

Civil Cover Sheet

1 #12

Exhibit L

1 #11

Exhibit K

1 #10

Exhibit J

1 #9

Exhibit I

1 #8

Exhibit H

1 #7

Exhibit G

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #1

Exhibit A

#1

11 More Documents Available
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Docket Entries

  • 10/18/2021
  • View Court Documents
  • Docket(#7) Certificate of Interested Persons and Corporate Disclosure Statement by Selective Way Insurance Company identifying Other Affiliate BlackRock, Inc., Other Affiliate NASDAQ Global Select Market, Other Affiliate SIGI for Selective Way Insurance Company. (Smith, Seslee) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#6) NOTICE of Appearance by Seslee S. Smith on behalf of Selective Way Insurance Company (Smith, Seslee) (Entered: 10/18/2021)

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  • 09/24/2021
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  • Docket(#5) WAIVER OF SERVICE Returned Executed by Foundation Food Group, Inc., Prime-Pak Foods, Inc.. Selective Way Insurance Company waiver mailed on 9/23/2021, answer due 11/22/2021. (Bersinger, David) (Entered: 09/24/2021)

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  • 09/22/2021
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  • Docket(#4) Electronic Summons Issued as to Selective Way Insurance Company. (rsg) (Entered: 09/22/2021)

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  • 09/21/2021
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  • Docket(#3) PROPOSED SUMMONS filed by Foundation Food Group, Inc., Prime-Pak Foods, Inc. (Bersinger, David) (Entered: 09/21/2021)

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  • 09/20/2021
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  • Docket(#2) COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 09/20/2021)

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  • 09/17/2021
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  • Docket(#1) COMPLAINT, with Jury Demand, filed by Foundation Food Group, Inc., Prime-Pak Foods, Inc. (Filing fee $402, receipt number AGANDC-11265494) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Civil Cover Sheet)(ddm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/17/2021)

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