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WILLIAMS FARMS OF HOMESTEAD v. RAIN AND HAIL INS.

No. 96-4796.

121 F.3d 630 (1997)

WILLIAMS FARMS OF HOMESTEAD, INC., a Florida corporation and Hilson Farms, Inc., a Florida corporation, Plaintiffs-Appellants, v. RAIN AND HAIL INSURANCE SERVICES, INC., a Delaware corporation and Cigna Property and Casualty Insurance Company, a Delaware corporation, Defendants-Appellees. ALGER FARMS, INC., Plaintiff-Appellant, v. CROP GROWERS, INC. and Continental Insurance Company, a subsidiary of Continental Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 9, 1997.

Attorney(s) appearing for the Case

William K. Crispin, Homestead, FL, for Plaintiffs-Appellants.

Barbara C. Biddle, Asst. U.S. Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, DC, for amicus curiae U.S.

Addison J. Meyers, Todd R. Ehrenreich, Coral Gables, FL, for Rain and Hail Ins. Services and Cigna Property and Casualty Ins. Co.

W. Kurt Henke, Michael D. Stevens, Lyon, MS, Dennis J. Murphy, Miami, FL, for Crop Growers and Continental Ins. Co.

Before COX and BARKETT, Circuit Judges, and SMITH, Senior Circuit Judge.

COX, Circuit Judge:

Plaintiffs brought this action against private insurance companies after crop loss claims on their multi-peril crop insurance policies were denied. The insurance companies were reinsured by the Federal Crop Insurance Corporation. The district court dismissed the action because it concluded that under the Federal Crop Insurance Act the exclusive remedy for such claims is an action against the Federal Crop Insurance Corporation or the Secretary of...

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