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Contracts Keyed to Summers
Howard v. Federal Crop Ins. Corp.
Citation:540 F.2d 695
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Howards (plaintiffs) grew tobacco on their six farms. The Federal Crop Insurance Corporation (“FCIC”) (defendant) insured the Howards’ tobacco crops against weather damage. The Howards’ 1973 tobacco crop was extensively damaged by heavy rains. The Howards filed a timely insurance claim. They also plowed under the tobacco fields to preserve the soil and prepare for a new tobacco crop. The FCIC adjuster found that the Howards violated a portion of their policy that provided that the tobacco stalks could not be destroyed until the FCIC made an inspection. Specifically, subparagraph 5(b) of the policy stated that: “[i]t shall be a condition precedent to the payment of any loss that the insured establish the production of the insured crop[.]” Meanwhile, subparagraph 5(f) of the same policy stated that: “[t]he tobacco stalks on any acreage of tobacco…shall not be destroyed until the Corporation makes an inspection.” The Howards sued the FCIC to recover for their losses. The trial court found that the Howards, in plowing under the tobacco field, violated a condition precedent of their policy that forfeited their recovery. The Howards appealed, arguing that the although the term “condition precedent” appeared in subparagraph 5(b), the term did not appear in subparagraph 5(f).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.