JUSTICE DEPARTMENT FILES STATEMENT OF INTEREST IN CALIFORNIA FIRE INSURANCE CASE

The following information was released by the U.S. Department of Justice:

Today, the Department of Justice announced that it has filed a Statement of Interest in the case of Ferrier v. State Farm Fire and Casualty Company, which is currently pending in the state Superior Court of Los Angeles County, California. This case was brought by 60 homeowners who lost their homes in the devastating wildfires that occurred in southern California in January 2025. The homeowners allege that the defendants, 16 homeowner insurance companies, jointly conspired to cancel the homeowners' fire insurance policies in the years leading up to the January 2025 fires. As a result, the homeowners claim that they were forced to obtain insurance from a state-run program that offers less protective coverage, resulting in much higher out-of-pocket expenses for rebuilding their homes.

"Nearly 16 months after the Eaton and Palisades Fires, the homeowners who lost everything are still trying to rebuild their lives," said Deputy Assistant Attorney General Charlie Beller of the Justice Department's Antitrust Division. "The last thing the fire victims need is the improper use of certain legal doctrines to deprive Angelenos of their day in court. The DOJ Antitrust Division is monitoring insurer conduct across the country to ensure that an improper understanding of federal law does not preclude state or federal antitrust claims."

While this case was brought under California state antitrust law, the insurance carriers have argued that the homeowners' claims should be dismissed on the basis of the Noerr-Pennington doctrine, an exemption from antitrust liability under both federal and California antitrust laws that protects petitioning and advocacy directed at government agencies. The Department's Statement of Interest argues that the Noerr-Pennington doctrine should not apply to the insurers' alleged group boycott of the homeowner policyholders, as the alleged boycott was separate and distinct and caused separate and distinct harms from any government petitioning activity by the insurers.

The Statement of Interest also notes that the McCarran-Ferguson Act, which limits certain federal antitrust claims regarding insurance conduct subject to state oversight, does not necessarily bar group boycott claims of the type alleged by homeowners in this case.

The Antitrust Division routinely files statements of interest and amicus briefs in federal and state courts where doing so helps protect competition and consumers, including by encouraging the sound development of the antitrust laws. A collection of these statements of antitrust and amicus filings is publicly available on the Division's website.