Welch Foods, Inc. v. Nat'l Union Fire Ins.Co. of Pittsburgh, No. 10-2261 (1st Cir. 2011)Annotate this Case
Plaintiff, sued by a competitor and by consumers for unfair trade practices, false and misleading advertising, and deceptive labeling, among other claims, sought indemnity and defense costs from its insurer. The insurer claimed that the suit fell within an exclusion for "antitrust violations, price fixing, price discriminations, unfair competition, deceptive trade practices and/or monopolies." The district court ruled in favor of the insurer. The First Circuit affirmed, finding that the policy headings were not determinative and that the paragraph at issue clearly excluded coverage.
The court issued a subsequent related opinion or order on November 1, 2011.