Crop Insurance Attorney

In the wake of drought on the west end of the Cotton Belt and fires in Texas, farmers are abandoning their crops in record numbers.  At the same time and for the same reason, prices are climbing.  If your claim for indemnity on your RMA-reinsured crop insurance has been denied, delayed, or waylaid, call us for a consultation.

Crop insurance policies are standardized across the industry to require arbitration of all claims disputes prior to filing any lawsuit.  See Paragraph 20(a) of the Basic Provisions.   If there is a dispute over how to interpret the policy wording, the parties must also seek interpretation from the federal Risk Management Agency, which will be binding on the arbitrator.  See Paragraph 20(a)(1), 20(c). In the event that RMA makes an error, an administrative appeal may follow with the USDA National Appeals Division.  See Paragraph 20(e), 7 CFR Part 11.

The upshot of this is that a farmer has to clear several make-or-break hurdles in these very specialized, quasi-judicial proceedings before ever reaching a court his local attorney knows.  You bring in soil specialists to analyze your fields; bring in an attorney with crop insurance experience to analyze your case.

A denied crop insurance claim can turn a thriving agribusiness into a pure burden for its owners. Often, when a farm business stops making money, the owners find it easier to just let it lapse into dissolution. Dissolution is a major step in the process by which a corporation or other business ceases to exist, legally. Some farmers choose to formally dissolve their businesses in the face of adversity. Others just stop filing their annual reports until the Secretary of State imposes an administrative dissolution.

But just because a business has been dissolved does not necessarily cut off the owners’ or shareholders’ right to recover on their agricultural insurance claims.

In Missouri , for example, state law provides that “Dissolution of a corporation does not:  * * * Abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution”.  VAMS §351.476.2(6).   This is even true for corporations that were administratively dissolved.  VAMS §351.486.3.

A Missouri Court of Appeals elaborated on this principle in a 1996 case, holding that “no time limit is placed on a dissolved corporation’s ability to enforce its rights” other than the statutes of limitation that would affect an active business.  Gunter v. Bono, 914 S.W.2d 437.

So just because your agribusiness has fallen behind on the paperwork does not automatically keep you from recovering on a crop insurance claim.  Of course, every state and every case is different.  Call us at 573-333-2600 for a free consultation on your specific case.

Recent flash floods have hit Nashville particularly hard, and planting may be prevented or delayed for farmers in Middle and West Tennessee.

Federal regulations give agribusiness and the insurance industry several ways to recoup the flood losses a farmer might incur. A good basic overview of coverage types and indemnities for soybeans is available here.

If you anticipate making a claim on your crop insurance policy, or if your claim has been denied, call us at 573-333-2600 for a free consultation. We’re open from 8 A.M. to 5 P.M. CDT, Monday through Friday.

Recent storms have swept through the Midsouth region, disrupting lives and businesses. Mississippi farmers have been particularly hard-hit. If your crop insurance provider is reluctant to pay your storm damage claim, give our staff a call at 573-333-2600 to schedule your free consultation.

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Cases accepted on a contingent fee basis may still charge certain expenses in the event of a loss. Call us at 573-333-2600 to discuss our fee structure.

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