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AMERICAN GROWERS INSURANCE COMPANY v. FEDERAL CROP INSURANCE CORPORATION

Nos. 07-1655, 07-1749.

532 F.3d 797 (2008)

AMERICAN GROWERS INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant, v. FEDERAL CROP INSURANCE CORPORATION, a corporation within the United States Department of Agriculture; Risk Management Agency, an agency of and within the United States Department Agriculture, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2008.

Attorney(s) appearing for the Case

Jane Wallace Vanneman, argued, Kimberly E. Arrigo, on the brief, Washington, DC, for appellant.

Bruce B. Green, argued, Philip Wilson, on the brief Council Bluffs, IA, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

This action was brought by federal crop insurance provider American Growers Insurance Company (Insurer), alleging that the Federal Crop Insurance Corporation (FCIC) erred under 7 U.S.C. § 1508(j)(3) by adding prevented planting coverage to basic federal crop insurance policies without increasing the premium rate that the insurance company could charge. Both sides filed motions for summary judgment...

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