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Contracts Keyed to Kuney
Howard v. Federal Crop Insurance Corp.
Citation:540 F.2d 695 (1976).
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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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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 obtained three insurance policies from Federal to insure their 1973 tobacco crop. Paragraph 5 of the tobacco endorsement covered claims and, in pertinent part stated:
“5(b) It shall be a condition precedent to payment of any loss that the insured establish the production of the insured crop on a unit and that such loss has been directly caused by one or more of the hazards insured against . . .
5(f) The tobacco stalks on any acreage . . . to which a loss is claimed shall not be destroyed until the Corporation makes an inspection.”
During 1973, the Howards tobacco crop was damaged by heavy rains, allegedly resulting in a loss of over $35,000. The Howards harvested the depleted crop and filed a notice with Federal. However, prior to an inspection by Federal’s adjuster, the Howards disked under the tobacco fields to sow a cover crop of rye in order to preserve the soil. The adjuster was unable to inspect the stalks due to the plowing.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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