Common use of Settlement of Claim Clause in Contracts

Settlement of Claim. (a) We will determine your loss on a unit basis. In the event you are unable to provide separate acceptable production records: (1) For any optional units, we will combine all optional units for which such production records were not provided; or (2) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (b) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured acreage for each type, if applicable, by its respective production guarantee; (2) Multiplying each result in section 10(b)(1) by the respective price election; (3) Totaling the results in section 10(b)(2); (4) Multiplying the total production to be counted by type, if applicable, (see sub- section 10(c)) by the respective price elec- tion; (5) Totaling the results in section 10(b)(4); (6) Subtracting the total in section 10(b)(5) from the total in section 10(b)(3); and (7) Multiplying the result in section 10(b)(6) by your share. (c) The total production to count (in xxxx- xxx) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandoned; (B) From which production is sold by di- rect marketing if you fail to meet the re- quirements contained in section 9; (C) That is damaged solely by uninsured causes; or (D) For which you fail to provide produc- tion records that are acceptable to us; (ii) Production lost due to uninsured causes; (iii) Unharvested production; (iv) Potential production on insured acre- age that you intend to abandon or no longer care for, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will end. If you do not agree with our appraisal, we may defer the claim only if you agree to continue to care for the crop. We will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use the harvested produc- tion. If you do not continue to adequately care for the crop, our appraisal made prior to deferring the claim will be used to determine the production to count; and (v) Any appraised production on insured acreage will be considered production to count unless such production is exceeded by the actual harvested production. (2) All harvested production from the in- surable acreage. (3) Mature marketable peach production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of production to count for such peaches will be determined as follows: (i) Peaches grown for fresh use by: (A) Dividing the value of the damaged peaches by the actual price for undamaged peaches; and (B) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels of the eligible damaged peaches. (ii) Peaches grown for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Crop Insurance Agreement

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Settlement of Claim. (a) We will determine your loss on a unit basis. In the event you are unable to provide separate acceptable production records: (1) For any optional units, we will combine all optional units for which such production records were not provided; or (2) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (b) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured acreage for each type, if applicable, by its respective production guarantee; (2) Multiplying each result in section 10(b)(112(b)(1) by the respective price electionelection you selected for each type or variety; (3) Totaling the results in section 10(b)(212(b)(2); (4) Multiplying the total production to be counted by typecount of each type or variety, if applicable, (see sub- section 10(c12 (c) through (e)) by the respective respec- tive price elec- tionelection you selected; (5) Totaling the results in section 10(b)(412(b)(4); (6) Subtracting the total result in section 10(b)(512(b)(5) from the total result in section 10(b)(312(b)(3); and (7) Multiplying the result in section 10(b)(612(b)(6) by your share. (c) The total production to count (in xxxx- xxxtons) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandonedabandoned or destroyed by you without our consent; (B) From which production is sold by di- rect marketing if you fail to meet the re- quirements contained in section 9; (C) That is damaged solely by uninsured causes; or (DC) For which you fail to provide produc- tion records that are acceptable to usrecords; (ii) Production lost due to uninsured causes; (iii) Unharvested production;production (mature unharvested production may be adjusted for quality deficiencies in accordance with sub- section 12 (e)); and (iv) Potential production on insured acre- age that you intend to abandon or no longer care for, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will end. If you do not agree with our appraisal, we may defer the claim only if you agree to continue to care for the crop. We will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use the harvested produc- tion. If you do not continue to adequately care for the crop, our appraisal made prior to deferring the claim will be used to determine the production pro- duction to count; and (v) Any appraised production on insured acreage will be considered production to count unless such production is exceeded by the actual harvested production. (2) All harvested production from the in- surable acreage: (i) Grape production that is harvested and dried for raisins will be converted to a fresh weight basis by multiplying the number of tons of raisin production by 4.5. (3ii) Grapes grown for wine, juice, raisins or canning and put to another use, will be counted as production to count on a tonnage basis. No quality adjustment other than that specifically provided for in your policy is available. (d) If any grapes are harvested before nor- mal maturity or for a special use (such as Champagne or Botrytis-affected grapes), the production of such grapes will be increased by the factor obtained by dividing the price per ton received for such grapes by the price per ton for fully matured grapes of the type for which the claim is being made. (e) Mature marketable peach grape production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of production to count adjusted for such peaches will be determined quality deficiencies as follows: (i1) Peaches grown Production will be eligible for fresh use quality adjustment if, due to insurable causes, it has a value of less than 75 percent of the average market price of undamaged grapes of the same or similar variety. The value per ton of the qualifying damaged production and the average market price of undamaged grapes will be determined on the earlier of the date the damaged production is sold or the date of final inspection for the unit. The average market price of undamaged production will be calculated by averaging the prices being paid by usual marketing outlets for the area during the week in which the damaged grapes were valued. (2) Grape production that is eligible for quality adjustment, as specified in sub- section 12(e) (1) will be reduced by: (Ai) Dividing the value per ton of the damaged peaches dam- aged grapes by the actual price value per ton for undamaged peachesgrapes (the value of undamaged grapes will be the lesser of the average mar- ket price or the maximum price election for such grapes); and (Bii) Multiplying the this result of section 10(c)(3)(i)(A(not to exceed 1.000) by the number of bushels tons of the eligible damaged peachesgrapes. (ii) Peaches grown for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Crop Insurance Agreement

Settlement of Claim. (a) We will determine your loss on a unit basis. In the event you are unable to provide separate acceptable production records: (1) For any optional unitsunit, we will combine all optional units for which such production records were not provided; or (2) For any basic unitsunit, we will allocate any commingled production to such units in proportion pro- portion to our liability on the harvested acreage for the unitseach unit. (b) In the event of loss or damage covered by this policy, we will settle your claim on a unit basis by: (1) Multiplying the insured acreage for each type, if applicable, combination of commodity type and in- tended use by its respective production guaranteeguar- xxxxx; (2) Multiplying each result in the results of section 10(b)(112(b)(1) by the respective price electionelection for each combination of commodity type and in- tended use; (3) Totaling the results in of section 10(b)(212(b)(2); (4) Multiplying the total production to be counted by type, if applicable, count of each combination of commodity type and intended use (see sub- section 10(c12(c)) by the respective price elec- tionelection; (5) Totaling the results in of section 10(b)(412(b)(4); (6) Subtracting the total in this result of section 10(b)(512(b)(5) from the total in result of section 10(b)(312(b)(3); and (7) Multiplying the result in of section 10(b)(612(b)(6) by your share. (c) The total production to count (in xxxx- xxxtons) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandoned; (B) From For which production is sold by di- rect marketing if you fail to meet the re- quirements contained in section 9provide accept- able production records; (C) That is damaged solely by uninsured causes; or (D) For From which production is sold by di- rect marketing, if direct marketing is spe- cifically permitted by the Special Provisions or a written agreement, and you fail to provide produc- tion records that are acceptable to usmeet the requirements contained in section 11; (ii) Production lost due to uninsured causes; (iii) Unharvested production;; and (iv) Potential production on insured acre- age that you intend to abandon or no longer care for, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will end. If you do not agree with our appraisal, we may defer the claim only if you agree to continue to care for the insured crop. We will then make another appraisal when you notify no- tify us of further damage or that harvest is general in the area unless you harvested the insured crop, in which case we will use the harvested produc- tionproduction. If you do not continue to adequately care for the insured crop, our appraisal made prior to deferring the claim will be used to determine the production to count; and (v) Any appraised production on insured acreage will be considered production to count unless such production is exceeded by the actual harvested production. (2) All harvested production from the in- surable acreage. (3d) Mature marketable peach production may be reduced Any citrus fruit insured with an in- tended use of juice that is not marketed as a result of a loss in qual- ity fresh fruit and, due to insurable causes, does not contain 120 or more gallons of juice per ton, will be adjusted by: (1) Dividing the gallons of juice per ton ob- tained from the damaged citrus by 120; and (2) Multiplying the result by the number of tons of such citrus. If individual records of juice content are not available, an average juice content from the nearest juice plant will be used, if avail- able. If not available, a field appraisal will be made to determine the average juice con- tent. (e) Any citrus fruit insured cause with an in- tended use of loss. The fresh that is not marketable as fresh fruit due to insurable causes will be ad- justed by multiplying the number of tons of such citrus fruit by the applicable Fresh Fruit Factor contained in the Special Provi- sions. (f) Any production will be considered mar- keted or marketable as fresh fruit unless, due solely to insured causes, such production was not marketed as fresh fruit. (g) In the absence of acceptable records of disposition of harvested citrus fruit, the dis- position and amount of production to count for such peaches the unit will be determined as follows: (i) Peaches grown for fresh use by: (A) Dividing the value of guarantee on the damaged peaches by the actual price for undamaged peaches; and (B) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels of the eligible damaged peachesunit. (iih) Peaches grown for processing by: (A) Dividing Any citrus fruit on the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches ground that canis not be marketed due to insurable causes harvested will not be considered pro- duction to counttotally lost if damaged by an insured cause.

Appears in 1 contract

Samples: Malting Barley Contract

Settlement of Claim. (a) We will determine your loss on a unit basis. . (1) In the event you are unable to provide separate acceptable production records: (1i) For any optional units, we will combine all optional units for which such production acceptable pro- duction records were not provided; or (2ii) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (2) For any processor contract that stipu- lates only the amount of production to be de- livered, and not withstanding the provisions of this section or any unit division provi- sions contained in the Basic Provisions, no indemnity will be paid for any loss of produc- tion on any unit if the insured produced a crop sufficient to fulfill the processor con- tract(s) forming the basis of the insurance guarantee (b) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured insurable acreage for of each type, if applicable, determined in ac- cordance with section 8(c), by its respective production guaranteeguarantee (per acre); (2) Multiplying each result in section 10(b)(113(b)(1) by the respective base contract price electionfor each type, if applicable; (3) Totaling the results in section 10(b)(213(b)(2); (4) Multiplying the total production to be counted by count- ed for each type, if applicable, applicable (see sub- section 10(c13(c)) , by its respective base contract price (If you have multiple processor contracts with varying base contract prices within the respective same unit, we will value your production to count by using your highest base contract price elec- tionfirst and will continue in decreasing order to your lowest base contract price based on the amount of production insured at each base contract price); (5) Totaling the results in section 10(b)(413(b)(4); (6) Subtracting the total in section 10(b)(513(b)(5) from the total in section 10(b)(313(b)(3); and (7) Multiplying the result in section 10(b)(6) by your share. (c) The total production to count (in xxxx- xxx) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandoned; (B) From which production is sold by di- rect marketing if you fail to meet the re- quirements contained in section 9; (C) That is damaged solely by uninsured causes; or (D) For which you fail to provide produc- tion records that are acceptable to us; (ii) Production lost due to uninsured causes; (iii) Unharvested production; (iv) Potential production on insured acre- age that you intend to abandon or no longer care for, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will end. If you do not agree with our appraisal, we may defer the claim only if you agree to continue to care for the crop. We will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use the harvested produc- tion. If you do not continue to adequately care for the crop, our appraisal made prior to deferring the claim will be used to determine the production to count; and (v) Any appraised production on insured acreage will be considered production to count unless such production is exceeded by the actual harvested production. (2) All harvested production from the in- surable acreage. (3) Mature marketable peach production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of production to count for such peaches will be determined as follows: (i) Peaches grown for fresh use by: (A) Dividing the value of the damaged peaches by the actual price for undamaged peaches; and (B) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels of the eligible damaged peaches. (ii) Peaches grown for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Mustard Crop Insurance Provisions

Settlement of Claim. (a) We will determine your loss on a unit basis. . (1) In the event you are unable to provide separate acceptable production records: (1i) For any optional units, we will combine all optional units for which such production acceptable pro- duction records were not provided; or (2ii) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (2) For any processor contract that stipu- lates only the amount of production to be de- livered, and not withstanding the provisions of this section or any unit division provi- sions contained in the Basic Provisions, no indemnity will be paid for any loss of produc- tion on any unit if the insured produced a crop sufficient to fulfill the processor con- tract(s) forming the basis of the insurance guarantee (b) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured insurable acreage for of each type, if applicable, determined in ac- cordance with section 8(c), by its respective production guaranteeguarantee (per acre); (2) Multiplying each result in section 10(b)(113(b)(1) by the respective base contract price electionfor each type, if applicable; (3) Totaling the results in section 10(b)(213(b)(2); (4) Multiplying the total production to be counted by count- ed for each type, if applicable, applicable (see sub- section 10(c13(c)) , by its respective base contract price (If you have multiple processor contracts with varying base contract prices within the respective same unit, we will value your production to count by using your highest base contract price elec- tionfirst and will continue in decreasing order to your lowest base contract price based on the amount of production insured at each base contract price); (5) Totaling the results in section 10(b)(413(b)(4); (6) Subtracting the total in section 10(b)(513(b)(5) from the total in section 10(b)(313(b)(3); and (7) Multiplying the result in section 10(b)(613(b)(6) by your share. Example # 1 (with one base contract price for the unit): You have 100 percent share in 20 acres of mustard in a unit with a 650-pound produc- tion guarantee (per acre) and a base contract price of $0.15 per pound. Due to insurable causes, you are only able to harvest 10,000 pounds and there is no appraised production. Your indemnity would be calculated as fol- lows: (1) 20 acres × 650 pounds = 13,000 pound pro- duction guarantee; (2) 13,000 pounds × $0.15 base contract price = $1,950 value of guarantee; (3) $1,950 total value of guarantee; (4) 10,000 pounds × $0.15 base contract price = $1,500 value of production to count; (5) $1,500 total value of production to count; (6) $1,950¥$1,500 = $450 loss; and (7) $450 × 100 percent = $450 indemnity pay- ment. Example # 2 (with two base contract prices for the same unit): You have 100 percent share in 20 acres of mustard in a unit with a 650-pound produc- tion guarantee (per acre), 10 acres with a base contract price of $0.15 per pound, and 10 acres with a base contract price of $0.10 per pound. Due to insurable causes, you are only able to harvest 8,500 pounds and there is no appraised production. Your indemnity would be calculated as follows: (1) 10 acres × 650 pounds = 6,500-pound pro- duction guarantee × $0.15 base contract price = $975 value guarantee; (2) 10 acres × 650 pounds = 6,500-pound pro- duction guarantee × $0.10 base contract price = $650 value guarantee; (3) $975 + $650 = $1,625 total value guar- xxxxx; (4) 6,500 pounds of production to count × $0.15 base contract price (higher base con- tract price) = $975 value of production to count; (5) 2,000 pounds of production to count × $0.10 base contract price (lower base contract price) = $200 value of production to count; (6) $975 + $200 = $1,175 total value of produc- tion to count; (7) $1,625 total value guarantee—$1,175 total value of production to count = $450 loss; and (8) $450 × 100 percent = $450 indemnity pay- ment. (c) The total production to count (in xxxx- xxxpounds) from all insurable acreage on in the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee (per acre acre) for acreage: (A) That is abandoned; (B) From which production That is sold by di- rect marketing if you fail put to meet the re- quirements contained in section 9another use without our consent; (C) That is damaged solely by uninsured causes; or (D) For which you fail to provide produc- tion records that are acceptable to usaccept- able production records; (ii) Production lost due to uninsured causes; (iii) Unharvested production;production (mature unharvested production may be adjusted for quality deficiencies and excess moisture in accordance with section 13(d)); and (iv) Potential production on insured acre- age that you intend to abandon put to another use or no longer care forabandon, if you and we agree on the appraised ap- praised amount of production. Upon such agreement, the insurance period for that acreage will endend when you put the acreage to another use or abandon the crop. If agree- ment on the appraised amount of production is not reached: (A) If you do not agree with our appraisal, we may defer the claim only if you agree elect to continue to care for the crop. We , we may give you consent to put the acreage to another use if you agree to leave intact, and provide sufficient care for, representative samples of the crop in loca- tions acceptable to us (The amount of pro- duction to count for such acreage will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use be based on the harvested produc- tionproduction or ap- praisals from the samples at the time har- vest should have occurred. If you do not continue leave the required samples intact, or you fail to adequately provide sufficient care for the cropsamples, our appraisal made prior to deferring giving you con- sent to put the claim acreage to another use will be used to determine the amount of produc- tion to count.); or (B) If you elect to continue to care for the crop, the amount of production to count; and (v) Any appraised production on insured count for the acreage will be considered production to count unless such production is exceeded by the actual harvested production., or our reappraisal if additional damage oc- curs and the crop is not harvested; (2) All harvested production from the in- surable acreage.; and (3) Mature marketable peach production may be reduced as a result of a loss in qual- ity due Any other uninsurable mustard produc- tion that is delivered to an insured cause of loss. The amount of production to count for such peaches will be determined as follows: (i) Peaches grown for fresh use by: (A) Dividing fulfill the value of the damaged peaches by the actual price for undamaged peaches; and (B) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels of the eligible damaged peachesprocessor contract. (iid) Peaches grown Mature mustard may be adjusted for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches ex- cess moisture and quality deficiencies. If moisture adjustment is applicable, it will be made prior to any adjustment for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peachesquality. (41) Peaches that cannot Mustard production will be marketed due to insurable causes will not be considered pro- duction to count.reduced by

Appears in 1 contract

Samples: Mustard Crop Insurance Provisions

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Settlement of Claim. (a) We will determine your loss on a unit basis. . (1) In the event you are unable to provide separate acceptable production records: (1i) For any optional units, we will combine all optional units for which such production records were not provided; orand (2ii) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (2) For any processor contract that stipu- lates only the amount of production to be de- livered, and notwithstanding the provisions of this section or any unit division provi- sions contained in the Basic Provisions, no indemnity will be paid for any loss of produc- tion on any unit if you produced a crop suffi- cient to fulfill the processor contract(s) forming the basis of the insurance guar- xxxxx; (b) The extent of any damaged cabbage production must be determined not later than the date the cabbage is placed in stor- age if the production is stored prior to sale, or the date the cabbage is delivered to a buyer, wholesaler, packer, processor, or other handler if production is not stored. (c) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured insurable acreage for each type, if applicable, by its respective production guaranteeguarantee (per acre), by type if applicable; (2) Multiplying each result in section 10(b)(113(c)(1) by the respective price election, by type if applicable; (3) Totaling the results in section 10(b)(213(c)(2); (4) Multiplying the total production to be counted by count of each type, if applicable, applicable (see sub- section 10(c13)(d)) ), by the its respective price elec- tionelection; (5) Totaling the results in section 10(b)(413(c)(4); (6) Subtracting the total results in section 10(b)(513(c)(5) from the total in results of section 10(b)(313(c)(3); and (7) Multiplying the result in section 10(b)(613(c)(6) by your share. For example: For a basic unit you have 100 percent share in 100 acres of cabbage, 50 acres for fresh market and 50 acres for processing as xxxxx- xxxxx, with a production guarantee (per acre) of 400 hundredweight per acre for fresh market and 400 hundredweight per acre for processing as sauerkraut and a price election of $5.00 per hundredweight for fresh market and $1.90 per hundredweight for processing as sauerkraut. You are only able to harvest 9,000 hundredweight of fresh market cabbage and 9,000 hundredweight of cabbage for sau- erkraut because an insured cause of loss has reduced production. Your total indemnity would be calculated as follows: (1) 50 acres × 400 hundredweight = 20,000 hundredweight guarantee for the fresh mar- ket acreage. 50 acres × 400 hundredweight = 20,000 hun- dredweight guarantee for the processing as sauerkraut acreage. (c2) 20,000 hundredweight guarantee × $5.00 price election = $100,000 value of guarantee for the fresh market cabbage. 20,000 hundredweight guarantee × $1.90 price election = $38,000 value of guarantee for processing as sauerkraut. (3) $100,000 + $38,000 = $138,000 total value of guarantee. (4) 9,000 hundredweight × $5.00 price elec- tion = $45,000 value of production to count for the fresh market acreage. 9,000 hundredweight × $1.90 price election = $17,100 value of production to count for the acreage for processing as sauerkraut. (5) $45,000 + $17,100 = $62,100 total value of production to count. (6) $138,000 ¥$62,100 = $75,900 loss. (7) $75,900 × 100 percent share = $75,900 in- demnity payment. (d) The total production to count (in xxxx- xxxhun- dredweight) of marketable cabbage from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee (per acre acre) for acreage: (A) That is abandoned; (B) From For which production is sold by di- rect marketing if you fail to meet the re- quirements require- ments contained in section 912; (C) That is put to another use without our consent; (D) That is damaged solely by uninsured causes; or (DE) For which you fail to provide produc- tion records that are acceptable to us; (ii) Production All production lost due to uninsured causes; (iii) Unharvested productionAll unharvested marketable produc- tion; (iv) Potential All potential production on insured acre- age acreage that you intend to abandon put to another use or no longer care forabandon, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will endend when you put the acreage to another use or abandon the crop. If agree- ment on the appraised amount of production is not reached: (A) If you do not agree with our appraisal, we may defer the claim only if you agree elect to continue to care for the crop, we may give you consent to put the acreage to another use if you agree to leave intact, and provide sufficient care for, representative samples of the crop in loca- tions acceptable to us. We (The amount of pro- duction to count for such acreage will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use be based on the harvested produc- tionproduction or ap- praisals from the samples at the time har- vest should have occurred. If you do not continue leave the required samples intact, or fail to adequately provide sufficient care for the cropsamples, our appraisal made prior to deferring giving you consent to put the claim acreage to another use will be used to determine the amount of production to count); andor (vB) Any appraised If you elect to continue to care for the crop, the amount of production on insured to count for the acreage will be considered production to count unless such production is exceeded by the actual harvested production., or our reappraisal if additional damage oc- curs and the crop is not harvested; and (2) All harvested production from the in- surable acreage. (3e) Mature marketable peach production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of that is considered damaged cabbage production to count for such peaches but is sold will be determined adjusted for quality as follows: (i) Peaches grown for fresh use by: (A1) Dividing the value amount received per hun- dredweight of the such damaged peaches cabbage produc- tion by the actual applicable price for undamaged peacheselection; and (B2) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels hundredweight of the eligible damaged peachescabbage produc- tion. (ii) Peaches grown for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Insurance Agreement

Settlement of Claim. (a) We will determine your loss on a unit basis. In the event you are unable to provide separate records of production that are acceptable production recordsto us for any: (1) For any optional Optional units, we will combine all optional op- tional units for which such acceptable records of production records were not provided; or (2) For any basic Basic units, we will allocate any commingled com- mingled production to such units in proportion propor- tion to our liability on the harvested acreage for the units. (b) In the event of loss or damage to your dry pea crop covered by this policy, we will settle your claim by: (1) Multiplying the insured acreage for of each dry pea type, if applicable, excluding con- tract seed peas, by its respective production guarantee; (2) Multiplying each result in of section 10(b)(113(b)(1) by the respective price election; (3) Totaling the results in of section 10(b)(213(b)(2); (4) Multiplying the insured acreage of each contract seed pea variety by its respective production guarantee; (5) Multiplying each result of section 13(b)(4) by the applicable base contract price; (6) Multiplying each result of section 13(b)(5) by your selected price election per- centage; (7) Totaling the results of section 13(b)(6); (8) Totaling the results of section 13(b)(3) and section 13(b)(7); (9) Multiplying the total production to be counted by of each dry pea type, excluding con- tract seed peas, if applicable, applicable (see sub- section 10(c13(d)) ), by the respective price elec- tionelections; (510) Totaling the value of all contract seed pea production (see section 13(c)); (11) Totaling the results in of section 10(b)(413(b)(9) and section 13(b)(10); (612) Subtracting the total in result of section 10(b)(513(b)(11) from the total in section 10(b)(3); and (7) Multiplying the result in section 10(b)(6) by your share. (c) The total production to count (in xxxx- xxx) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandoned; (B) From which production is sold by di- rect marketing if you fail to meet the re- quirements contained in section 9; (C) That is damaged solely by uninsured causes; or (D) For which you fail to provide produc- tion records that are acceptable to us; (ii) Production lost due to uninsured causes; (iii) Unharvested production; (iv) Potential production on insured acre- age that you intend to abandon or no longer care for, if you and we agree on the appraised amount of production. Upon such agreement, the insurance period for that acreage will end. If you do not agree with our appraisal, we may defer the claim only if you agree to continue to care for the crop. We will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use the harvested produc- tion. If you do not continue to adequately care for the crop, our appraisal made prior to deferring the claim will be used to determine the production to count12(b)(8); and (v) Any appraised production on insured acreage will be considered production to count unless such production is exceeded by the actual harvested production. (2) All harvested production from the in- surable acreage. (3) Mature marketable peach production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of production to count for such peaches will be determined as follows: (i) Peaches grown for fresh use by: (A) Dividing the value of the damaged peaches by the actual price for undamaged peaches; and (B) Multiplying the result of section 10(c)(3)(i)(A) by the number of bushels of the eligible damaged peaches. (ii) Peaches grown for processing by: (A) Dividing the value of the damaged peaches by the actual price of undamaged peaches for processing; and (B) Multiplying the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Insurance Agreement

Settlement of Claim. (a) We will determine your loss on a unit basis. In the event you are unable to provide separate separate, acceptable production records: (1) For any optional units, we will combine all optional units for which such production records were not provided; or (2) For any basic units, we will allocate any commingled production to such units in proportion to our liability on the harvested acreage for the units. (b) In the event of loss or damage covered by this policy, we will settle your claim by: (1) Multiplying the insured acreage for each type, if applicable, by its respective production guaranteeguarantee for the stage in which the damage occurred; (2) Multiplying each result in the results of section 10(b)(113(b)(1) by the respective price electionelection for each type, if applicable; (3) Totaling the results in of section 10(b)(213(b)(2); (4) Multiplying the total production to be counted by of each type, if applicable, (see sub- section 10(csec- tion 13(c)) by the respective price elec- tionelection; (5) Totaling the results in of section 10(b)(413(b)(4); (6) Subtracting the total in this result of section 10(b)(513(b)(5) from the total results in section 10(b)(313(b)(3); and (7) Multiplying the result in of section 10(b)(613(b)(6) by your share. (c) The total production to count (in xxxx- xxxcar- tons) from all insurable acreage on the unit will include: (1) All appraised production will be deter- mined as follows: (i) Not less than the production guarantee per acre for acreage: (A) That is abandoned; (B) From which production is sold by di- rect marketing if you fail Put to meet the re- quirements contained in section 9another use without our con- sent; (C) That is damaged solely by uninsured causes; or (D) For which you fail to provide produc- tion records that are acceptable to us; (ii) Production Potential production lost due to uninsured unin- sured causes; (iii) Unharvested productionproduction of mature green and ripe tomatoes remaining after har- vest has ended: (A) With a classification size of 6 x 7 (28⁄32 inch minimum diameter) or larger and that would grade eighty-five percent (85%) or bet- ter U.S. No. 1 for types other than cherry, roma, or plum; or (B) That grade in accordance with the re- quirements specified in the Special Provi- sions for cherry, roma or plum types. (iv) Potential production on unharvested acreage and potential production on acreage when final harvest has not been completed; (ivv) Potential production on insured acre- age that you intend to abandon put to another use or no longer care forabandon, if you and we agree on the appraised ap- praised amount of production. Upon such agreement, the insurance period for that acreage will endend when you put the acreage to another use or abandon the crop. If agree- ment on the appraised amount of production is not reached: (A) If you do not agree with our appraisal, we may defer the claim only if you agree elect to continue to care for the crop. We , we may give you consent to put the acreage to another use if you agree to leave intact, and provide sufficient care for representative samples of the crop in loca- tions acceptable to us (The amount of pro- duction to count for such acreage will then make another appraisal when you notify us of further damage or that harvest is general in the area unless you harvested the crop, in which case we will use be based on the harvested produc- tionproduction or ap- praisals from the samples at the time har- vest should have occurred. If you do not continue leave the required samples intact, or you fail to adequately provide sufficient care for the cropsamples, our appraisal made prior to deferring giving you con- sent to put the claim acreage to another use will be used to determine the amount of produc- tion to count); or (B) If you elect to continue to care for the crop, the amount of production to count; and (v) Any appraised production on insured count for the acreage will be considered production to count unless such production is exceeded by the actual harvested production., or our reappraisal if additional damage oc- curs and the crop is not harvested; and (2) All harvested production from the in- surable acreage. (3) Mature marketable peach production may be reduced as a result of a loss in qual- ity due to an insured cause of loss. The amount of production to count for such peaches will be determined as follows: (i) Peaches grown for fresh use byThat is marketed, regardless of grade; and (ii) That is unmarketed and: (A) Dividing the value That grades eighty-five percent (85%) or better U.S. No. 1 with a classification size of the damaged peaches by the actual price 6x7 (2-8/32 inch minimum diameter) or larger for undamaged peachesall types except cherry, roma, or plum; andor (B) Multiplying That grade in accordance with the result of section 10(c)(3)(i)(A) by re- quirements specified in the number of bushels of the eligible damaged peachesSpecial Provi- sions for cherry, roma, or plum types. (iid) Peaches grown for processing by: (A) Dividing Only that amount of appraised produc- tion that exceeds the value of difference between the damaged peaches by final stage guarantee and the actual price of undamaged peaches for processing; and (B) Multiplying stage guar- xxxxx applicable to the result of section 10(c)(3)(ii)(A) by the number of bushels of the eligible damaged peaches. (4) Peaches that cannot acreage will be marketed due to insurable causes will not be considered pro- duction to count.

Appears in 1 contract

Samples: Insurance Agreement

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