Federal Register - February 1, 1949
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Source: Federal Register
Tuesday, February 1, 1949
process shall not entitle any holder of any such interest to any benefits under the contract.
421.14 Rounding of fractions. The premium, the total coverage and the value of the total production shall be rounded to cents. Total production shall be rounded to pounds. Fractions of acres shall be rounded to tenths of acres. Computations shall be carried one digit beyond the digit that is to be rounded. If the last digit is 1, 2, 3, or 4, the rounding shall be downward. If the last digit is 5, 6, 7, 8, or 9, the round ing shall be upward.
421.15 The policy. The provisions of the bean crop insurance policy are as follows:
In consideration of the representations and provisions in the application upon which this policy is issued, which application is made a part of the contract, and subject to the terms and condtions set forth or referred to herein, the Federal Crop Insurance Cor poration hereinafter designated as the Cor poration does hereby insure Name
Policy number
Address County State hereinafter designated as the insured"
against loss on his dry edible bean crop while in the field due to unavoidable causes includ ing drought, flood, hail, wind, frost, freeze, lighting, fire, excessive rain, snow, wildlife, hurricane, tornado, insect infestation, plant disease and such other unavoidable causes as may be determined by the Board of Direc tors of the Corporation.
For irrigated acreage also see section 30.
In witness whereof, the Federal Crop In surance Corporation has caused this policy to be issued t h i s --- ---- day o f -----------------1949.
F ederal C r o p I n s u r a n c e C o r po r a t io n ,
By --------------- ----------------State Crop Insurance Director.
TERMS AND CONDITIONS
1; Classes of beans insured. The class or classes of beans to be insured shall be those specified on the application for insurance.
2. Insurable acreage. Any acreage is in surable only if a coverage is shown therefor on the county actuarial table including maps and related forms on the applicable calendar closing date for filing applications fo rinsurance hereinafter called the clos ing date provided the farming practice fol lowed on such acreage is one for which a coverage was established.
3. Responsibility of insured to report acre age and interest. Each applicant shall specify on his application the number of acres of beans in which he expects to have an inter est on each insurance unit in the county, s and his interest in each such acreage. These data may be revised by the applicant on or before the closing date. After the comple tion of planting of the bean crop on any in surance unit covered by the contract, but not later than July 15, 1949, the insured may file a revised report with respect to such unit showing the actual acreage of beans planted thereon, provided the planted bean acreage for the insurance unit is not more than the bean acreage shown on the applica tion for such unit as of the closing date.
4. Insured acreage. The insured acreage with respect to each insurance unit shall be the acreage of beans as reported by the in sured or as determined by the Corporation, whichever the Corporation shall elect, ex cept that insurance shall not attach with respect to a any acreage planted to beans No. 20----- 2
FEDERAL REGISTER
which is destroyed or substantially destroyed as defined in section 11 and on which it is practical to replant to beans, as determined by the Corporation, and such acreage is not replanted to beans, b any acreage initially planted to beans too late to expect a normal crop to be produced, as determined by the Corporation, and c new ground acreage.
For irrigated acreage also see section 30.
5. Insured interest. The insured interest in the bean crop covered by the contract shall be the insureds Interest at the time of planting as specified on the application or the Interest which the Corporation de termines as the Insureds actual interest in the crop at the time of planting, whichever the Corporation shall elect. For the purpose of determining the amount of loss the in sured interest shall not exceed the insureds actual interest at the time of loss or the beginning of harvest, whichever occurs first.
6. Coverage per acre, a The coverage per acre is progressive by stages of produc tion as follows :
First stage. Acreage released by the Cor poration and not pulled or cut.
Second stage. Acreage released by the Cor poration after pulling or cutting but before threshing.
Third stage. Acreage threshed.
b The coverage per acre shall be the applicable number of dollars, established for the area in which the insured acreage is lo cated, and shall be shown by practices on the county actuarial table on file in the coun ty office.
7. Predetermined price for valuing produc tion. In determining any loss under the contract, the value of the production shall be determined on the basis of the applicable prices shown in the attached price rider.
8. Insurance period. Insurance with re spect to any insured acreage shall attach at the time the beans are planted. Insurance shall cease with respect to any portion of the bean crop covered by the contract upon threshing or removal from the field, but in no event shall the insurance remain in effect later than December 15, 1949, unless such time is extended in writing by the Corporation.
9. Causes of loss not insured against. The contract shall not cover loss caused by: a Failure to follow recognized good farming practices; b poor farming practices, in cluding but not limited to the use of defec tive or unadapted seed, failure to plant a sufficient quantity of seed, failure properly to prepare the land for planting or properly to plant, care for or harvest and thresh the insured crop including unreasonable delay thereof ; c following different fertilizer or farming practices than those considered in establishing the coverage per acre; d plant ing beans on land which is generally not considered capable of producing a bean crop comparable to that produced on the land considered in establishing the coverage per acre; e planting excessive acreage under abnormal conditions; f planting another crop with the beans or in the growing bean crop; g planting beans under conditions of immediate hazard; h inability to obtain labor, seed, fertilizer, machinery, repairs or insect poison; i break-down of machinery, or failure of equipment due to mechanical defects; j neglect or malfeasance of the insured or of any person in his household or employment or connected with the farm as tenant or wage hand; k domestic ani mals or poultry; or 1 theft. For irrigated acreage also see section 30.
10. Notice of loss or damage, a If a loss under the contract is probable, notice in writing unless otherwise provided by the Corporation shall be given the Corporation at the county office immediately after any material damage to the insured bean crop.
The crop shall not be harvested, removed, or any other use made of it until it has been inspected by the Corporation.
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b If, at the completion of threshing of the insured bean crop, a loss under the con tract has been sustained, notice in writing unless otherwise provided by the Corpora tion shall be given immediately to the Cor poration at the county office. If such notice is not given within 15 days after threshing is completed, or February 10, 1950, whichever date is earlier, the Corporation reserves the right to reject any claim for indemnity.
11. Released acreage. Apy insured acreage on which the bean crop has been destroyed or substantially destroyed may be released by the Corporation to be put to another use, The bean crop shall be deemed to have been substantially destroyed if the Corporation determines that it has been so badly dam aged that farmers generally in the area where the land is located and on whose farms similar damage occurred would not further care for the crop or harvest any portion thereof. No insured acreage may be put to another use until the Corporation releases such acreage.
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On any acreage where the bean crop has been partially destroyed but not released by the Corporation, proper measures shall be taken to protect the crop from further dam age. There shall be no abandonment of any crop or portion thereof to the Corporation.
12. Time of loss. Any loss shall be deemed to have occurred at the end of the insur ance period unless the entire bean crop on the insurance unit was destroyed or sub stantially destroyed earlier, in which event the loss shall be deemed to have occurred on the date of such destruction, as deter mined by the Corporation.
13. Proof of loss. If a loss is claimed, the insured shall submit to the Corporation, a form entitled Statement in Proof of Loss, containing such information regarding the manner and extent of the loss as may be required by the Corporation. The statement in proof of loss shall be submitted not later than sixty days after the time of loss, unless the time for submitting the claim is ex tended in writing by the Corporation. It shall be a condition precedent to any liabil ity under the contract that the Insured es tablish the amount of any loss for which claim is made, and that such loss has been directly caused by one or more pf the haz ards insured against by the contract during the insurance period, and that the insured further establish that the loss has not arisen from or been caused by, either directly or indirectly, any of the causes of loss not in
sured against by the contract. If a loss is claimed, any insured bean acreage which is not to be harvested shall be left intact until the Corporation makes an inspection.
14. Insurance unit. Losses shall be deter mined separately for each insurance unit ex cept as provided in section 15 b. An in
surance unit consists of a all the insur able acreage of beans in the county in which the insured has 100 percent interest at the time of planting, or b all the insurable acreage of beans in the county which is owned by one person and is operated by the insured as a share tenant at the time of planting, or c all the insurable acreage, of beans in the county which is owned by the insured and is rented to one share tenant at the time of planting. Acreage shall be considered to be located in the county if a coverage is shown therefor on the county actuarial table. Land rented for cash or for a fixed commodity payment shall be con sidered as owned by the lessee.
15. Amount of loss, a The amount of loss with respect to any insurance unit shall be determined by 1 multiplying the planted acreage exclusive of any acreage to which insurance did not attach by the applicable coverage per acre, 2 subtracting therefrom the value based on the applicable price set forth in the attached price rider of the total production, and 3 multiplying the re mainder by the insured interest in such