Federal Register - February 1, 1949
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Source: Federal Register
438
unit. However, if the planted acreage on the Insurance unit exceeds the Insured acreage on the insurance unit, or if thé premium computed for the planted acreage is more than the premium computed for the Insured acreage, the amount of loss so determined shall be reduced. This reduction shall be made on the basis of the ratio of the in-
RULES AND REGULATIONS
sured acreage to the planted acreage except that the Corporation may elect to make the reduction on the basis of the ratio of the pre mium computed for the Insured acreage to the premium computed for the planted acre age. The total production for an insurance unit shall include all production determined in accordance with the following schedule.
the interest so transferred, whereupon the transferee and the transferor shallbe -Jointly and severally liable for the amount of such premium. Any transfer shall be subject to any collateral assignment made by the orig inal Insured in accordance with section 21 .
However, the Corporation shall hot be liable for a greater amount of indemnity in con nection with the insured crop than would have "been paid if the transfer had not taken P r o d u c t io n S c h e d u l e place.
Acreage classification Total production cw t.net weight b An involuntary transfer of an in 1. A c r e a g e on which beans are Actual production of beans threshed.
sured interest in a bean crop solely because threshed.
of the existence of a debt lien, mortgage, garnishment, levy, execution, bankruptcy, or 2. Acreage released by the Corporation That portion of the appraised production for such other process shall not entitle any holder of before pulling or cutting.
acreage which is in excess of the number of cwt.
any such interest to any benefits under the determined by 1 subtracting the total coverage contract.
for such acreage from what the total coverage for c Any deduction to be made from an such acreage would be if the acreage were indemnity payable to the transferee shall threshed, and 2 dividing the result thus ob not exceed the annual premium plus any in tained by the applicable base price set forth in terest due on the land involved in the trans the attached price rider.
fer plus the unpaid amount of any other 3. Acreage released by the Corporation That portion of the appraised production for such obligation of the transferee to the Corpo after pulling or cutting but be ration.
acreage which is in excess of the number of cwt.
fore threshing.
d If, as a result of any transfer, diverse determined by 1 subtracting the total coverage for such acreage from what the total coverage interests appear with respect to any insur for such acreage would be if the acreage were ance unit, any indemnity payable with re spect to such unit may be paid jointly to all threshed and 2 dividing the result thus ob persons having the Insured interest in the tained by the applicable base price set forth in bean crop at the time harvest is commenced the attached price rider.
4. Acreage put to another use without Appraised production for such acreage but not less or the time of loss, whichever occurs first, or to one of such persons on behalf of all the consent of the Corporation.
than the product of 1 such acreage and 2 the such persons, and payment in any such man cwt. equivalent of the coverage per acre for ner shall constitute a complete discharge of threshed acreage determined on the basis of the the Corporations liability with respect to applicable price set forth in the attached price such unit under the contract.
rider.
18. Determination of person to whom in 5. Acreage with reduced yield due Appraised number of cwt. by which production for dem nity shall be paid. In any case where solely to cause s not insured such acreage has been reduced, but not less than the insured has transferred his interest in against.
all or a part of the bean crop on any in the product of 1 such acreage and 2 the cwt.
equivalent of the coverage per acre for threshed surance unit, or has ceased to act as a fidu acreage determined on the basis of the applicable c ia r y , or has died, has been judicially de clared incompetent or has disappeared, pay price set forth in the attached price rider, minus ment in accordance with the provisions of any threshed beans.
the contract shall be made only after the 0. Acreage with reduced yield due par Appraised number of cwt. by which production has tially to causes not Insured been reduced because of causes not insured facts have been established to the satisfac tion of the Corporation. The determination against and partially to causes against.
of the Corporation as to the existence or non Insured against.
existence of a circumstance in the event of which payment may be made and of the b If the production from two or more c Any indemnity payable under a con persons to whom such payment will be Insurance units is commingled and the in tract shall be paid to the insured or such made sljall be final and conclusive. Pay sured fails to establish and maintain records other person as may be entitled to the bene ment of an indemnity under this section satisfactory to the Corporation of acreage fits under the provisions of the contract, shall constitute a complete discharge of the or the production from each, the insurance notwithstanding any attachment, garnish Corporations obligation with respect to the with respect to such units may be voided ment, receivership, trustee process, judgment, loss for which such indemnity is paid and by the Corporation and the premium for levy, equity, or bankruptcy, directed against settled and shall be a bar to recovery by any feited by the insured. However, if all the the insured or such other person, or against other person.
component parts are insured, the total cover any indemnity alleged to be dueto such 19. Other insurance, a If the insured age for the component parts may be con person; nor shall the Corporation or any offi has or acquires any other insurance against sidered by the Corporation as the total cover cer, employee, or representative thereof, be substantially all the risksthat are insured age for the combination, in which case any a proper party to any suit or action with against by the Corporation under the con loss for such combination shall be deter reference to such indemnity, nor be bound tract, regardless of whether such other insur mined as outlined in paragraph a .of this by any judgment, order, or decree rendered ance is valid or collectible, the liability of section. Where th insured fails to estab or entered therein. Nothing herein con the Corporation shall not be greater than lish and maintain separate records, satisfac tained shall excuse any person entitled to its share would be if the amount of its obliga tory to the Corporation, of uninsured acre the benefits of the contract from full com tions were divided equally between the Cor age and production therefrom and for ong pliance with, or performance of, any lawful poration and such other insurer, or more Insurance units or portions thereof, Judgment; order, or decree-with respect to b In any case where an indemnity is any production from such acreage which is the disposition of any sums paid thereunder paid to the insured by another Government commingled with production from the in as an indemnity.
agency because of damage to the bean crop, sured acreage shall be considered to have d If a check issued in payment of an the Corporation reserves the right to deter been produced on the insured acreage or the indemnity is returned undeliverable at the mine its liability under the contract takiffl;
insurance with respect to such units under last known address of the payee, and if such into consideration the amount paid by such the contract may be voided by the Corpora payee or other person entitled to the indem other agency.
tion and the premium forfeited by the nity makes no claim for payment within two 20. Subrogation. The Corporation may re insured.
years after the issuance of the check, such quire from the insured an assignment of 16.
Payment of indemnity, a Indem claim shall not thereafter be payable, except all rights of recovery against any persons nities shall be paid only by check. The with the consent of the Corporation.
for loss or damage to the extent that pay amount of indemnity for which the Cor 17.
Payment to transferee, a If the in ment therefor is made by the Corporation, poration may be liable will be payable within sured transfers all or a part of his insured and the insured shall execute all papers re thirty days after satisfactory proof of loss is interest in a bean crop before the beginning quired and shall do everything that may be approved by the Corporation, but if pay of harvest or the time of loss, whichever oc necessary to secure such rights.
ment is delayed for any reason, the Cor curs first, he shall immediately notify the 21. Collateral assignment. The original poration shall not be liable fof Interest or Corporation thereof in writing at the county damages on account of such delay.
insured may assign his right to an. indem office. The transferee under such a transfer b Indemnities shall be subject to all will be entitled to the benefits of the con nity under the contract by executing a form provisions of the contract, including the entitled Collateral Assignment and upon tract with respect to the interest so trans right of the Corporation to deduct from any approval thereof by the Corporation the in ferred, provided the transferee immediately indemnity the unpaid amount of any earned following the transfer makes suitable ar terest of the assignee will be recognized, in premium plus any interest due or any other rangements with the Corporation for the cluding the right of the assignee to submit obligation of the insured to the Corporation.
payment of any premium with respect to a Statement in Proof of Loss if the insured