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Contracts Keyed to Frier
Howard v. Federal Crop Insurance Corp.
Citation:
540 F.2d 695 (4th Cir. 1976)Facts
Plaintiffs grew tobacco on their land. In 1973, their tobacco crops were severely damaged by heavy rains. They filed a claim with Defendant. Plaintiffs harvested and sold the remaining crop, and they filed timely notice and proof of loss with Defendant. However, before Defendant could inspect Plaintiffs’ tobacco fields, Plaintiffs plowed the fields to plant a cover crop for soil preservation. Defendant denied Plaintiffs’ claim, asserting that the insurance policy required an inspection prior to destroying a crop for which a loss is claimed. Paragraph 5(b) of Plaintiffs’ policy stated that “[i]t shall be a condition precedent to the payment of any loss that the insured . . . furnish any other information regarding the manner and extent of loss as may be required by [Defendant].” Paragraph 5(f) of the policy stated that “[t]he tobacco stalks . . . with respect to which a loss is claimed shall not be destroyed until [Defendant] makes an inspection.”
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