Farmer's Poor Records Costs

Published: Jan. 19, 2023, 4:17 p.m.

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Crop Insurer Can Recover Over payments from Farmer  

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One of the maxims of farming is the imperative each year to risk the  "up-front costs" of sowing in return for the never-guaranteed prospect  of "back-end revenue" from reaping. The Federal Crop Insurance Act helps  farmers to manage these uncertainties through a crop insurance system,  which the Federal Crop Insurance Corporation oversees. Under this  federal program, farmers can purchase insurance from the Insurance  Corporation or from an approved insurance provider that the Insurance  Corporation reinsures.  

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In Edgar Miller  v. United States Department Of Agriculture; Risk  Management Agency; Federal Crop Insurance Corporation, No. 22-1209,  United States Court of Appeals, Sixth Circuit (January 3, 2023) the  Sixth Circuit was asked to be the last word on a series of disputes over  payments and over-payments of crop insurance claims.  For years Edgar Miller purchased crop insurance, hoping to protect his  farm from poor harvests. While the insurance for the most part served  that purpose, it also brought him three federal lawsuits, an  arbitration, and an adverse agency determination from the Federal Crop  Insurance Corporation. Miller challenged this last decision-the agency\'s  decision-under the Administrative Procedure Act. The district court  rejected the challenge.

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