Dailey v. American Growers Insurance

103 S.W.3d 60, 2003 Ky. LEXIS 80, 2003 WL 1936668
CourtKentucky Supreme Court
DecidedApril 24, 2003
Docket2001-SC-0364-DG
StatusPublished
Cited by6 cases

This text of 103 S.W.3d 60 (Dailey v. American Growers Insurance) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dailey v. American Growers Insurance, 103 S.W.3d 60, 2003 Ky. LEXIS 80, 2003 WL 1936668 (Ky. 2003).

Opinions

STUMBO, Justice.

Peter R. Dailey, III, a Kentucky tobacco farmer, brings the instant action against American Growers Insurance, an Iowa corporation that sells multiple peril crop insurance (“MPCI”) policies reinsured by the Federal Crop Insurance Corporation (“FCIC”), and American Agrisurance, Inc., the marketing and service affiliate for American Growers’ crop insurance business, in order to receive benefits due under a MPCI policy.1 The Court of Appeals below affirmed the Montgomery Circuit Court’s decision granting summary judgment to American Growers. Dailey now appeals such judgment. For the reasons set forth in the remainder of this opinion, we reverse.

In 1995, American Growers issued Dai-ley a MPCI policy, number MP-284734, through its agent Town & Ranch Insurance Company (“Town & Ranch”) of Winchester, Kentucky. MP-284734 was issued in Dailey’s name, using Dailey’s social security number as an identification number, and was renewed for the following year. The coverage level provided under MP-284734 was fifty-five percent (55%).

In 1996, American Growers issued Dai-ley a MPCI policy, number MP-325886, on two farms, which are both identified by a [63]*63farm serial number (“FSN”), FSN 1354 and FSN 2654 respectively. Both farms are serviced through the Fayette County Farm Service Administration (“FSA”) Office. FSN 1354 is located in Fayette County. While the majority of the acreage of FSN 2654 is situated in Bourbon County, a small strip lies in Fayette County and is serviced by the Fayette County FSA Office. MP-325886 was issued by Hoffman, Ison & Green, Inc. (“HIG”), an agent of American Growers located in Mount Sterling, Kentucky. MP-325886 was issued under the name “Dayland Farms,” an unincorporated business entity run by Dailey, using an employer identification number (“EIN”) as the identification number for the policy. The coverage level provided under MP-325886 was seventy-five percent (75%).

Dailey had obtained insurance through Town & Ranch for many years, but, like other area tobacco farmers, Dailey had grown dissatisfied with the service provided by Town & Ranch. Dailey contacted Henry Alton Stull, Jr., then an employee of Town & Ranch. At the same time, Stull was also an employee of a Mount Sterling tobacco warehouse, which made annual loans to Dailey based on his tobacco crop. With Stull’s assistance, it was determined that Dailey needed to secure a higher level of insurance coverage on his tobacco crop in order to secure both himself and the local warehouse against any possible crop losses. Stull completed the appropriate forms for Dailey, and then referred Dailey to the HIG agency in Mount Sterling, which subsequently issued the American Growers MPCI policy, number MP-325886, to Dailey.

Later in 1996, Dailey’s tobacco crop in FSN 1354 and FSN 2654 sustained severe damage from a hail storm. Dailey then filed a claim to recover under MP-325886. American Growers sent an adjuster, Wendell Doyle, to investigate the damage. Following the investigation, Doyle prepared the required appraisal and production worksheets. Claims personnel at American Growers subsequently determined that Dayland Farms was not an insurable entity, and then voided MP-325886 and transferred all coverage for FSN 1354 and FSN 2654 to MP-284734. American Growers then issued a payment based on the level of coverage provided by MP-284734. Dailey disagreed and asserted that the claim should have been paid per the level of coverage provided by MP-325886, which would have resulted in a heftier payment.

On August 11, 1997, Dailey filed a civil action in the Montgomery Circuit Court contending that his crop loss should have been paid under MP-325886, the policy in the name of Dayland Farms, and that American Growers neglected and refused to adjust his claim in a fair, prompt, and reasonable manner. Dailey further alleged that American Growers breached and violated the terms of KRS 304.12-230, Kentucky’s Unfair Claims Settlement Practices Act (“UCSPA”).

American Growers moved the circuit court to grant summary judgment in its favor. The circuit court sustained said motion finding that “[MPCI] policies are subject to the regulations of the [FCIC] and are not subject to state or local rules or regulations.” As a result, the court determined that American Growers properly adjusted Dailey’s claim and further held that American Growers did not breach or violate the UCSPA. In its opinion affirming, a split panel of the Court of Appeals adopted the circuit court’s findings verbatim. Dailey then moved this Court for discretionary review, which motion was granted. This appeal followed.

The primary issue this Court must consider is whether the Court of Appeals [64]*64erred in sustaining the circuit court’s decision granting summary judgment to American Growers. In its order citing to 7 C.F.R. § 400.352, the circuit court determined that MPCI policies were not subject to state law. It must then be determined if the Federal Crop Insurance Act (“FCIA”) and FCIC regulations preempt the laws of this state, thereby preventing Dailey from asserting his state law claims. We hold that they do not and reverse the judgment rendered by the Court of Appeals.

The FCIA was enacted in 1938 as part of the second President Roosevelt’s “New Deal.” Its main purpose was “to promote the national welfare by improving the economic stability of agriculture through a sound system of crop insurance and providing the means for the research and experience helpful in devising and establishing such insurance.” 7 U.S.C. § 1502(a). The FCIA also established the FCIC. 7 U.S.C. § 1503. Farmers can obtain crop insurance under the FCIA by either being issued insurance directly through the FCIC, or by receiving insurance from a private company reinsured by the FCIC. 7 U.S.C. § 1508(a)(1). In the instant case, the policy was obtained from a private company, American Growers. In addition, all reinsured policies must comply with the requirements of the FCIA and the regulations of the FCIC. 7 C.F.R. § 400.164.

In its order granting American Growers’ motion for summary judgment, the circuit court apparently relies on the following language from 7 C.F.R. § 400.352(a):

No State or local governmental body or non-governmental body shall have the authority to promulgate rules or regulations, pass laws, or issue policies or decisions that directly or indirectly affect or govern agreements, contracts, or actions authorized by this part unless such authority is specifically authorized by this part or by the [FCIC].

However, 7 C.F.R. § 400.352(b)(4) provides that “nothing herein is intended to preclude any action on the part of any authorized ... State court or any other authorized entity concerning ...

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Dailey v. American Growers Insurance
103 S.W.3d 60 (Kentucky Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
103 S.W.3d 60, 2003 Ky. LEXIS 80, 2003 WL 1936668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dailey-v-american-growers-insurance-ky-2003.