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Peanut Farmers Are Not Entitled To Indemnification Of Crop L

 

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Copyright 2009 Strafford Publications, Inc.All Rights Reserved Texas Insurance Law & Litigation Alert

February 15, 2009

Pg. 5

156 words


Peanut farmers are not entitled to indemnification of crop losses at non-quota rate; Barnhill v. Veneman, 524 F.3d 458 (4th Cir. 2008), cert. denied, No. 08-489 (U.S. Jan. 21, 2009)

The Supreme Court declined to review a Fourth U.S. Circuit Court of Appeals' decision vacating a district court's judgment that the government breached its contract with peanut farmers by paying their claims under a multiple peril crop insurance policy for the 2002 crop year at the "non-quota" rate rather than the "quota" rate.

The Fourth Circuit noted that the under policy, the indemnity obligation at the quota rate was contingent on 2002 farm poundage quota allocations being made by the Farm Service Agency to individual peanut farms. However, because federal farm legislation enacted in May 2002 eliminated the peanut quota program, no quota allocations were made.

Source: Texas Insurance Law and Litigation Alert, 02/15/2009

Copyright © 2009 by Strafford Publications, Inc. http://www.straffordpub.com/ All rights reserved. Storage, reproduction or transmission by any means is prohibited except pursuant to a valid license agreement.

February 17, 2009

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