183018P.pdf   12/02/2019  Terry R. Balvin  v.  Rain and Hail, LLC
   U.S. Court of Appeals Case No:  18-3018
                          and No:  18-3061
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judges] 
   Civil case - Arbitration. The crop policy in question incorporated 
   American Arbitration Association rules, and by doing so, the parties 
   agreed to allow the arbitrator to determine threshold questions of 
   arbitrability; the arbitrator did not exceed his powers because he was at 
   least arguably construing or applying the contract when he made 
   credibility determinations about the appraisals of Balvin's crops; as a 
   result, he did not exceed his authority by denying Balvin's claim based on 
   the appraised value of the crops; the decision is also supported by the 
   arbitrator's finding that Balvin abandoned the crops; even if the 
   abandonment finding was outside the scope of the arbitrator's power 
   because it required a finding of a good farming practice, the error was 
   harmless in light of the determination regarding appraised value.