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ACE PROPERTY AND CAS. INS. v. FEDERAL CROP INS.

No. 05-2321.

440 F.3d 992 (2006)

ACE PROPERTY AND CASUALTY INSURANCE COMPANY, formerly known as Cigna Property and Casualty Insurance Company; Alliance Insurance Companies; American Agricultural Insurance Company; American Growers Insurance Company, In Rehabilitation; Country Mutual Insurance Company; Farm Bureau Mutual Insurance Company, of Iowa; Farmers Alliance Mutual Insurance Company; Great American Insurance Company; Hartford Fire Insurance Company; Nau Country Insurance Company; Producers Lloyds Insurance Company; Rural Community Insurance Company; Farmers Mutual Hail Insurance Company of Iowa, Plaintiffs-Appellants, v. FEDERAL CROP INSURANCE CORPORATION, A Corporation within the United States Department of Agriculture; Risk Management Agency, An Agency within the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2006.

Attorney(s) appearing for the Case

P. John Owen, argued, Overland Park, KS (Michael E. Tucci, Washington, D.C., on the brief), for appellant.

Jane W. Vanneman, Senior Trial Counsel, DOJ, argued, Washington, D.C., for appellee.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

This breach of contract action was brought by a group of thirteen insurance companies1 who provide federal crop insurance, alleging that the Federal Crop Insurance Corporation (FCIC) breached two provisions of the 1998 Standard Reinsurance Agreement (SRA). The FCIC moved to dismiss for lack of jurisdiction, and the district court granted the motion on that ground, but ruled in the alternative that dismissal was also...

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