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Chicken Co. Wants Nationwide’s $8.6M Coverage Suit Tossed – Law360

Law360 (March 4, 2020, 9:49 PM EST) — A chicken producer has asked an Arkansas federal court to dismiss a suit brought by Nationwide Insurance that seeks to duck coverage for $8.6 million in verdicts over a tainted chicken tender incident, saying the insurer made a fundamental jurisdictional error.

In a motion to dismiss filed Wednesday, defendant Ozark Mountain Poultry Inc. said Nationwide Mutual Insurance Co. had argued the Arkansas federal court has so-called diversity jurisdiction to hear the suit. Such jurisdiction requires all plaintiffs to be based in states different from all of the defendants.

Ozark Mountain said Nationwide never bothered to say where it’s located, but all…

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