Availability: Arizona, California and New Mexico. This endorsement, when combined with MPCI, provides the grower with coverage for the actual costs of reconditioning the raisins up to the coverage amount per ton elected. The YP yield guarantee is the approved yield multiplied by the selected level of coverage and the insured acreage. It offers comprehensive protection through dollar guarantee. Coverage is available from 70%-95% of the expected margin. The Manager's Bulletin does not define the phrase “approved judgments,” for which the FCIC may reimburse insurers, and the phrase itself lacks meaning apart from the FCIC's or the AGBCA's definition of “approved.”   We therefore defer to the AGBCA's interpretation unless plainly erroneous. CAT coverage is not available for ARH strawberries but the insured may select a payment factor of less than 100% to reduce the premium and the corresponding loss payment in the event of a loss. See Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359, 377, 118 S.Ct. Rain and Hail issues multi-peril crop insurance (MPCI) policies, the indemnity payments on which the Federal Crop Insurance Corporation (FCIC) reinsures through a standard reinsurance agreement (SRA). Annual Forage uses NOAA’s gridded interpolated precipitation data to determine losses. The AGBCA's error in interpreting the SRA would be harmless if the compensatory damages assessed against Rain and Hail were consequential damages. To the extent that the average margin for a county is lower than expected, due to a decrease in revenue and/or an increase in input costs, MP will cover a portion of that shortfall. The CEO coverage elected must be at least five percentage points higher than the underlying MPCI coverage level with a maximum election of 85% (i.e., 55%, 60%, 65%, 70%, 75%, 80%, 85%). CAT coverage is not available for ARH cherries, but the insured may select a payment factor of less than 100% to reduce the premium and the corresponding claim payment in the event of a loss. Losses are paid when the grid’s accumulated index, known as the final grid index, falls below the insured’s trigger grid index. § 400.701. Seed corn having a germination rate less than the MPCI standard will be covered by the MPCI policy. AMS is developing the regulation now, which is anticipated to post to the Federal Register later this year. We remand to the district court with directions to remand to the AGBCA for further proceedings consistent with this opinion. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. §§ 1501-1524, including a regulation that prohibits states from levying “judgments, punitive damages, [or] compensatory damages ․ against companies ․ arising out of [their] actions or inactions ․ authorized or required under the [FCIA], the regulations, any contract or agreement authorized by the [FCIA] or by regulations, or procedures issued by the [FCIC].” 7 C.F.R. Reading the Manager's Bulletin in light of 7 C.F.R. It allows producers to increase the Revenue Protection (RP) projected price with additional price coverage per bushel. The Bulletin stated that the FCIC “may” pay “reasonable attorney fees and litigation expenses” and “may pay approved judgments over and above the indemnity due as provided by the SRA” when certain conditions, which the AGBCA found Rain and Hail to have met, are satisfied. RPO provides up to an additional 25 cents of coverage for corn and up to an additional 75 cents of coverage for soybeans. If allowed by the Crop Provisions, a replanting payment may be made on an insured crop, replanted after Rain and Hail has given consent (and documented in the claim file), and the acreage replanted is at least the lesser of 20 acres or 20% of the insured planted acreage for the unit. The Nursery program provides coverage for plants that are container grown, field grown or both. An additional prevented planting coverage level of plus 5% is available for a surcharge unless this option is not provided for in the county actuarial table (not available for CAT coverage level). Coverage levels can be either at a CAT or buy-up level for each insured practice (container grown or field grown). If there are less than four years of revenue history, the coverage is based on a combination of the orchard history and the variable county average revenue. This is not an exhaustive list of all products available. This risk management tool insures against widespread loss of production of the insured crop in a designated area called a grid. To be clear, we do not hold that the Manager's Bulletin itself is worthy of the same deference as a regulation:  Rain and Hail does not challenge the Bulletin;  rather, it disputes the meaning that the AGBCA attributed to it. Availability: Illinois, Indiana, Iowa, Missouri, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. See Nesseim v. Mail Handlers Benefit Plan, 995 F.2d 804, 806-07 (8th Cir.1993). Rain and Hail additionally seeks post-judgment interest on the mental anguish and punitive damages awarded in the state court proceeding and court costs assessed in connection with that proceeding. Hail coverage can be strengthened even further with several Crop-Hail endorsements. This risk management tool insures against widespread loss of production of the insured crop in a designated area called a grid. In the state trial, the jury entered $14,000 in the blank in the verdict form labeled “compensatory damages” and separately awarded an amount for what it termed “mental anguish.”   At the state trial, all of the evidence regarding compensatory damages (other than damages for mental anguish) went to the value of the insurance claim that Rain and Hail had refused to pay and the interest that accrued on that claim, the combination of which totaled nearly $14,000.

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