Quimbee logo
DMCA.com Protection Status
From our private database of 16,200+ case briefs...

Howard v. Federal Crop Insurance Corp.

United States Court of Appeals for the Fourth Circuit
540 F.2d 695 (4th Cir. 1976)

Howard v. Federal Crop Insurance Corp.

Facts

The Howards (plaintiff) grew tobacco on their land. In 1973, their tobacco crops were severely damaged by heavy rains. They filed a claim with their insurer, Federal Crop Insurance Corp. (FCIC) (defendant). The Howards harvested and sold the remaining crop, and they filed timely notice and proof of loss with FCIC. However, before FCIC could inspect the Howards' tobacco fields, the Howards plowed the fields to plant a cover crop for soil preservation. FCIC denied the Howards' claim, asserting that the insurance policy required an inspection prior to destroying a crop for which a loss is claimed. Paragraph 5(b) of the Howards' policy stated that "[i]t shall be a condition precedent to the payment of any loss that the insured . . . furnish any other information regarding the manner and extent of loss as may be required by [FCIC].” Paragraph 5(f) of the policy stated that “[t]he tobacco stalks . . . with respect to which a loss is claimed shall not be destroyed until [FCIC] makes an inspection.” The Howards brought suit against FCIC to recover their losses. The district court granted summary judgment to FCIC after finding that the language in paragraph 5(f) was a condition precedent to recovery with which the Howards failed to comply. The Howards appealed to the United States Court of Appeals for the Fourth Circuit.

Rule of Law

Issue

Holding and Reasoning (Widener, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 355,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,200 briefs, keyed to 222 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 355,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 16,200 briefs - keyed to 222 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.