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D.C. Court Dismisses Dispute Over Reinsurance Of Federal Crop Insurance Program

On September 20, a federal district court in the District of Columbia dismissed a lawsuit brought by reinsurers of the federal crop insurance program. The plaintiffs-reinsurers alleged that the Federal Crop Insurance...more

Court Partially Grants And Partially Denies Motion For Summary Judgment In Crop Insurance Commission Dispute

Plaintiff Hudson Insurance Company brought suit against DuRussel Insurance Agency, Inc. and Blue Water Agribusiness LLC concerning the alleged breach of two separate crop insurance contracts issued by Hudson. The first...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

Expanded Crop Insurance Options for Farmers Transitioning to Certified Organic Agriculture

The USDA recently announced expanded crop insurance options to allow producers to purchase insurance coverage that better reflects their product's actual value. The expanded coverage is part of the USDA's continued commitment...more

USDA Increases Options for Organic Crop Coverage

The U.S. Department of Agriculture (USDA) has expanded the protection available under crop insurance policies for farmers growing organic crops. The USDA announced last week that farmers transitioning from the production of...more

Kansas Policyholder Learns the Unexpected Virtue of Ignorance

Seventy years ago, in Screws v. United States, 325 U.S. 91 (1945), the U.S. Supreme Court declared that “[i]gnorance of the law is no excuse for men in general.” It now appears that farmers who buy liability insurance might...more

Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim Case Background

Poyner Spruill represented the defendant pesticide applicator, Industrial Fumigant Company (IFC), in Severn Peanut Co., Inc. v. Industrial Fumigant Co., 2015 U.S. App. LEXIS (4th Cir. Dec. 2, 2015). IFC was sued in the...more

Ag Committee Leaders Oppose Crop Insurance Cuts

Recently the House Agriculture Committee stood firm on the promise against reopening the Farm Bill to new crop insurance cuts. The High Plains Journal reports that leaders feel that the proposed cuts to crop insurance in the...more

Massachusetts Court of Appeals Precludes Coverage for Drink Bottles Despite “Loss of Use” Exception to “Faulty Workmanship”...

Manufacturers, suppliers, and distributors of food products face significant business and litigation risks associated with food contamination and recall issues. Policyholders in this chain of production should be aware that...more

[Event] Yes, Virginia, You Can Use Drones in Your Business! - Dec. 1st (Virginia Beach, VA) & Dec. 4th (Richmond &...

Companies from a wide spectrum of industries have obtained a Section 333 Exemption from the Federal Aviation Administration (FAA) that permits them to fly Unmanned Aircraft Systems (UAS), commonly known as “drones,” to...more

Equine Insurance - Do I Need It?: Understanding the Benefits of Equine Liability Coverage for Your Equine Business Operation

It is no secret that horse ownership can be a risky business. Anyone that operates an equine-related business is aware of the significant cost, planning, and efforts required to provide a safe, successful, and enjoyable...more

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

Pennsylvania Supreme Court Holds First Manifestation Coverage Trigger Applies to Property Damage Case

In Penn Nat’l Mut’l Ins. Co. v. St. John, 2014 Pa LEXIS 3313 (Pa Dec. 15, 2014), the Supreme Court of Pennsylvania held that coverage was triggered under a commercial general liability (“CGL”) policy “when property damage...more

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and...

In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on...more

PA Supreme Court Declines to Extend Multiple Trigger Theory to Property Damage Claims

Where an insured loss causes damages that straddle multiple policy periods, insurers and insureds must determine which policies are implicated. Clear rules regarding “trigger” of coverage benefit policyholders seeking to...more

Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL...more

PA Supreme Court Grants Important Victory for Insurers Regarding CGL Coverage for Progressive Property Damage

In a comprehensive and sweeping opinion, the Pennsylvania Supreme Court affirmed several key principles of commercial general liability (CGL) policy interpretation in Penn National v. St. John, decided on December 15, 2014....more

ArbitrationNation’s Third Anniversary Threesome

After 155 posts, can there possibly be more to say? Yes, indeed. Three new opinions from federal courts of appeals demonstrate how new issues keep “cropping” up in arbitration law each week....more

Wisconsin Appellate Court Holds Manure Not a Pollutant

In its recent decision in Wilson Mutual Ins. Co. v. Falk, 2013 Wisc. App. LEXIS 1031 (Wis. App. Dec. 11, 2013), the Court of Appeals for Wisconsin had occasion to consider whether cow manure generated at a dairy farm...more

Crop Insurance Considerations And Common Mistakes

With federal crop insurance now available to Michigan tart cherry growers and with other farmers considering or reconsidering crop insurance following adverse weather conditions in recent years, it is important to understand...more

Even If You Can't Insure The End Of Days, You Can Insure Some Of The Effects Of Climate Change

Today is the day the world ended. But it didn’t. The spin put by some on the Mayan calendar didn’t pan out and the world continued. Here in Baltimore we didn’t buy into the predictions, but just in case, we went looking...more

McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - November 2012: Aflatoxin and the insured farmer

Aflatoxin, the toxic and carcinogenic mycotoxin fungus, is a threat well known by corn farmers across the country. This olive-green or gray-green collection on kernels typically develops in corn, particularly drought-stressed...more

Insuring Your Business -- October 2012

In This Issue: - What Law Applies When A Flood-Related Disaster Hits? - Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages. Excerpt from What Law Applies When A Flood-Related Disaster...more

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