Judge Asked to Rule on Who Will Pay Defense Costs in N.D. Spud Suit

The two sides in a lawsuit filed by a prominent North Dakota businessman against his insurance company over defense costs in an alleged potato price fixing scheme are asking a judge to rule without the case going to trial.

Ron Offutt Jr., of Fargo, is among the defendants in a lawsuit filed in June by Associated Wholesale Grocers Inc. against United Potato Growers of America, its affiliate United Potato Growers of Idaho and other parties. The suit accuses potato growers of driving up prices while limiting production.

Offutt filed a separate complaint accusing Twin City Fire Insurance Co. of breach of contract for failing to cover defense costs in the suit.

Both Offutt and the insurance company filed motions last week stating that the case should not go any further.