DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071655P.pdf 07/15/2008 American Growers Insurance Com v. FCIC
U.S. Court of Appeals Case No: 07-1655
and No: 07-1749
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Civil case - Federal Crop Insurance. Statutory language and context of
7 U.S.C. Sec. 1508(j)(3), the legislative history, and the parties'
indemnification agreement to the 1995 standard reinsurance agreement
provide persuasive evidence that the statute's indemnification
requirement was intended to only apply where an insurer has been sued
by a producer to recover on a claim for loss; the section does not provide
a cause of action for the claims the insurer attempted to bring in this
action, and the claims should have been dismissed by the district court.