The U.S. Department of Justice has filed a Statement of Interest in Ferrier v. State Farm Fire and Casualty Company, a case pending in the Superior Court of Los Angeles County, arguing that 60 homeowners’ California antitrust claims against 16 homeowner insurers should not be dismissed under the Noerr-Pennington doctrine. The suit alleges the insurers jointly conspired to cancel fire insurance policies in the years before the January 2025 southern California wildfires, forcing homeowners into a state-run program with less protective coverage and higher rebuilding costs. The Justice Department’s Antitrust Division argues that Noerr-Pennington, which protects petitioning and advocacy directed at government agencies from antitrust liability under federal and California law, should not apply because the alleged group boycott of policyholders was separate from any government petitioning and caused separate harms. Its filing also states that the McCarran-Ferguson Act does not necessarily bar group boycott claims of the type alleged in the case.
U.S. Department of Justice 2026-05-04
U.S. Department of Justice files statement opposing Noerr-Pennington defense in California wildfire homeowners antitrust case against 16 insurers
The U.S. Department of Justice has filed a Statement of Interest in Ferrier v. State Farm Fire and Casualty Company, arguing that California antitrust claims by 60 homeowners against 16 homeowner insurers should not be dismissed under the Noerr-Pennington doctrine. The Antitrust Division contends that the alleged group boycott of policyholders was distinct from any government petitioning and that the McCarran-Ferguson Act does not necessarily bar the type of group boycott claims at issue.