(April 2020)
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This analysis is
based on the 04 16 edition of these coverage forms. Changes from the 09 03
edition are in bold print.
The entire form must be reviewed in order to understand how coverage applies. The term you in the form means named insured. If the named insured is married and they live together in a common household, the term you also includes the spouse. Us, we, and ours refer to the insurance company. The other definitions that apply to this coverage form can be found in FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions and Definitions.
Related Article: FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions, Definitions Analysis
A. COVERAGE
The insurance company pays for direct damage or tangible loss to the following items while at the insured location that appears in the description of the item. The items may be at another location if expressly stated elsewhere in this policy. The damage must be the result of a cause of loss that qualifies for coverage under this policy.
1. Covered Property
The following types of property are eligible but are covered only when a limit is entered on declarations for it:
· While in buildings, structures, sacks, wagons or trucks, grain, seeds and beans that have already been threshed, silage and ground feed are covered property. Under the same circumstances, manufactured and blended feed for livestock is covered property.
· While in the open, in stacks, shocks, or piles, grain is covered but only for fire, lightning, vandalism, vehicle damage, and theft causes of loss.
· Hay, straw and fodder are covered but only while inside.
· Hay, straw and fodder that are outside in stacks, windrows, or bales are covered but only for fire, lightning, windstorm or hail, vandalism, vehicles and theft causes of loss.
Note: A stack must be located at least 100 feet away from other hay, straw, or fodder.
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Example: A farm hand was on his way to continue work on a storage shed that was just built. He was carrying a plastic container of wood preservative. He stumbled on a pitchfork and fell. The container of preservative burst and contaminated a haystack. The hay must be destroyed, but this loss is not eligible for coverage. |
2. Property Not
Covered
The following property is not included under Coverage E:
·
Any
property involved with illegal transportation, trade, or related activities is
not covered because insurance coverage is not intended to facilitate illegal
activities.
·
Agritainment
property is not covered. Agritainment property is defined in FP 00 90–Farm
Property – Other Farm Provisions Form – Additional Coverages, Conditions,
Definitions in order to determine exactly what property is not covered.
3. Special Limits of Insurance under
Coverage E
A special limit is actually a limitation because it places a lower maximum limit on specific property. It is not additional insurance but instead sets a cap on recovery. The limits in this section can be increased on the declaration so these limits are defaults when no limit is shown on the declarations.
o 120% of the amount obtained by dividing the total insurance on the class and type of animal by the number of head owned at the time of the loss. Each individual horse, mule or head of cattle under one year of age is counted as 1/2 head.
o The actual cash value of the animal
o $2,000
Example: The Greene Dairy Farm had 130 head of cattle. The total insurance carried was $120,000. A recent fire in one of the barns killed 10 animals. Here are the valuation options that apply to this loss: $120,000 ÷ 130 = $1,000 X 1.20 = $1,108 (rounded) Actual cash value of each head is $1,500 The least expensive amount of $1,108, $1,500 or $2,000 is $1,108 per animal so that total settlement is $1,108 X10 animals or $11,080. |
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B. COVERAGE E. CONDITIONS
The conditions listed in FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverages, Conditions and Definitions and in IL 00 17–Common Policy Conditions apply to this Coverage.
Related Articles:
IL 00 17–Common Policy Conditions Analysis
In addition, the following Loss Conditions apply:
1.
Payments made on these structures are on a proportional basis. At the time of loss, the total value of all portable buildings is added up and compared to the limit of insurance that applies to that class of property. That ratio is then applied to and multiplied against the loss amount to determine the amount paid.
Example: The amount of insurance is $150,000 and the value of all
buildings is $200,000. The loss amount is $5,000. $150,000 ÷ $200,000 = .75. As a result, the
payment is $5,000 X .75 or $3,750. |
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2. Pro Rata Distribution
This condition applies to only Grain, Hay, Straw and Fodder, Farm Machinery, Vehicles and Equipment and Poultry in Unheated Buildings. It applies only when coverage applies at more than one location. The limit available for a given loss depends upon whether the total amount of coverage carried is adequate compared to the total value of the property that exists at all locations. The value is determined at the time a given loss occurs. Furthermore, payment also depends upon the relationship between the amounts of property located at the loss site (or sites) in comparison to the total amount of property protected at all sites.
Note: The FP 00 13 form includes two examples (one concerning adequate limits and one concerning underinsurance) to assist the reader’s understanding of this condition. Essentially the limit calculation that applies to a given loss is as follows:
Property Value at Loss Location ÷ Property Value at All Locations X Limit Carried for All Locations
Example: An insured has five locations. He suffers a grain loss at a single location. Here is how the pro rata distribution condition would affect the loss payment: |
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Amount of Coverage Carried - All Locations |
$250,000 |
Value of Property - All Locations |
$400,000 |
Value of Property - Loss Location |
$75,000 |
Amount of Loss |
$50,000 |
Proportion Calculation |
$250,000 ÷ $400,000 |
Available Coverage Calculation |
.625 x $50,000 = $31,250 |
* Available for loss |
$31,250 |
* The applicable deductible is subtracted before the loss is paid.
3. Livestock, Poultry, Bees, Fish,
The term loss is limited in its usage for livestock, poultry, bees, fish, worms and other animals. A loss must be actual death or destruction. Illness and disease that does not lead to death is not covered. Damage causing a reduction in value is not a covered loss. The death or destruction must result from a covered cause of loss.
Example: Joe had agreed to sell eight chickens to a neighboring farmer. A respiratory illness caused a weight-loss to the hens. While the sale was completed, it was at less than half the original price This loss is not eligible for coverage. |
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4. Valuation
The only valuation is actual cash value at the time of loss not to exceed the amount needed to repair or replace the property.
5.
The
coverage territory is the
Note: There is no reference to permit coverage in the U.S. territories for travel to or from any covered territories.
A. This coverage is unusual because all property covered is unscheduled. If the property meets the description of covered property, coverage applies. Coverage is provided only if there is direct physical damage or loss to covered property and that loss or damage is caused by a covered cause of loss.
1. COVERED PROPERTY
Covered property includes all farm personal property at the insured location, unless it is listed as property not covered. Livestock is covered but regardless of the applicable cause of loss on the declarations, the only Covered Causes of Loss for livestock is provided under either BASIC or BROAD.
The following items are also covered when they are away from the insured location:
2. Property Not Covered (014 16 addition)
All of the following property is excluded under Coverage F:
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Example: Hannah’s laptop is destroyed in a fire; she turns in a claim that includes $2,200 for her inventory software that she extensively modified for her farming operation. She’s paid only $495, the cost of the off-the-shelf software; the modification expense is ineligible for reimbursement. |
Related Article: FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions, Definitions Analysis
3. Special Limits of Liability Under
Coverage F
The special limits are maximum amounts within the Coverage F limit of Insurance. These do not extend coverage but rather limit coverage for certain categories of property. These maximum amounts apply to horses, mules or head of cattle. The limits are $1,000 on any one horse, mule or head of cattle that is under one year of age and $2,000 on any other head of livestock that is older than that. This limit is further subject to modification by operation of the coinsurance clause, if applicable. These maximum amounts are not necessarily the amount the insurance company pays. If an animal is worth less than the limit available, the actual value is the amount paid.
B. COVERAGE F CONDITIONS
The conditions listed in FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverages, Conditions and Definitions and in IL 00 17–Common Policy Conditions apply to this Coverage.
Related Articles:
IL 00 17-Common Policy Conditions Analysis
In addition, the following Loss Conditions apply:
1. Livestock
Loss is
a term with a limited definition with respect to livestock. A loss must be
actual death or destruction. Illness and disease that does not lead to death is
not covered. Damage causing a reduction in value is not a covered loss. The
death or destruction must result from a covered cause of loss.
2. Coinsurance
The limit of insurance for unscheduled personal property must be 80% or more of its actual cash value at the time of loss. If the limit does not meet this requirement, a penalty is applied. It is based on the ratio determined by dividing the limit of insurance by the required (80% of value) limit of insurance.
IMPORTANT EXCEPTION: If property is underinsured only because of the purchase of a new item of equipment or machinery within 30 days of the date of loss, the value, up to $100,000 for a new item and $75,000 for a replacement item, is removed before the calculation.
Example: The limit of insurance is $350,000. The actual cash value on the date of loss is $500,000. The required limit is $400,000 ($500,000 X .80). As a result, the penalty is .875 ($350,000/$400,000). Any loss or damage would be settled for only 87.5% of the value of the loss. However, one reason for the difference is newly purchased equipment valued at $150,000. That revised computation is: |
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Actual value of all
unscheduled property: |
$500,000 |
Minus the value of the
new equipment |
$100,000 (New purchase
credit up to $100,000) |
Value to be used in
calculation: |
$400,000 |
X.80 |
coinsurance percentage |
Required amount of
insurance |
$320,000 |
Exception – Coinsurance Penalty |
No penalty required |
In this case, a loss is
not penalized instead of being penalized with a .875 factor that would apply
if no newly acquired equipment were involved. |
3. Valuation
The only valuation is actual cash value at the time of loss not to exceed the amount needed to repair or replace the property.
4.
The
coverage territory is the
Note: There is no reference to permit coverage in the US territories for travel to or from any covered territories.
These extensions apply to Coverage E, Coverage F or both. The extension states which coverage applies.
A. PROPERTY IN THE CUSTODY OF A COMMON OR CONTRACT CARRIER
This extension applies to both Coverage E and Coverage F.
A $1,000 limit applies to farm personal property (as defined in the form) in transit while with a common or contract carrier. Higher limits are available and must be shown on the declarations.
B. COVERED PROPERTY AWAY FROM THE INSURED
LOCATION
This extension applies only to Coverage E.
Property away from the insured location is covered but only for the percentage of the limit of insurance for that particular type of property. The percentage is 10% of the limit of insurance, unless the property is Miscellaneous Equipment Usual or Incidental to the Operation of a Farm, for which a percentage of 25% applies.
This extension does not apply to property stored or being processed in manufacturing plants, public elevators, warehouses, seed houses or commercial drying plants, in public sales barns or public sales yards, or in transit by common or contract carrier. It also does not apply to certain livestock and individually insured farm machinery and equipment.
Any loss under this extension is prorated with any other policy that also covers the property involved. This extension does not increase the limit of insurance.
If an insured wants 100% of his personal property to be covered on and off premises, FP 05 20–Scheduled Farm Personal Property Away From the Insured Location must be attached to the policy.
Related Article: Farm Policy Available Endorsements and Their Uses
C. REPLACEMENT MACHINERY, VEHICLES AND
EQUIPMENT NEWLY PURCHASED
This extension applies only to Coverage E.
If the insured purchases replacement machinery, vehicles or equipment, the limit for that replaced scheduled item applies, plus an additional $75,000. The additional $75,000 is available for only 30 days after the date the property is purchased or until the policy expires, whichever occurs first. Coverage applies only when that new item is not covered by any other policy or coverage form. When other coverage does exist but it is insufficient to cover the loss, this coverage will apply to that uncovered amount. Any coverage provided is subject to the actual cash value of the equipment on the date of the loss.
D. ADDITIONAL MACHINERY, VEHICLES AND
EQUIPMENT NEWLY PURCHASED
This extension applies only to Coverage E.
Any newly purchased additional item of farm equipment, machinery or vehicles is covered for up to $100,000 for up to 30 days after the purchase or the policy expiration date (whichever occurs first). This extension does not apply to the following items:
Coverage applies only when that new item is not covered by any other policy or coverage form. When other coverage does exist, but it is insufficient to cover the loss, this coverage will apply to that uncovered amount. Any coverage provided is subject to the actual cash value of the equipment on the date of the of the loss.
Note: This provision makes reference to new purchases, so some confusion might occur about new acquisitions that don’t involve purchase (such as inherited property, traded property, or gifts).
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Example: Clem’s Machinery storage barn is demolished after a
lightning strike-induced fire. He loses four of his tractors, including one
received 15 days before the fire. It was a gift from his uncle who retired
and sold his own farm. His insurer denies coverage for the gift tractor, but
Clem demands an explanation of why the equipment extension coverage doesn’t
apply. |
E. ADDITIONAL ACQUIRED LIVESTOCK
This Extension applies only to Coverage E.
If coverage includes specifically declared livestock, or has a livestock class limit of insurance, this extension covers additional livestock purchased for up to 30 days after the purchase date. The most paid is the lesser of the actual cash value of the property or 25% of the total livestock coverage limit. Additional premium must be paid from the purchase date.
F. THIRTY-DAY ADDITIONAL LIMIT ON BORROWED
OR RENTED FARM MACHINERY, VEHICLES, EQUIPMENT (04 16 change)
This Extension applies only to Coverage E.
If there is a limit of insurance for Farm Machinery, Vehicles, Equipment Borrowed or Rented With Or Without A
Written Contract, an additional $10,000 per occurrence is available for items that are either rented or borrowed after the beginning of the policy year. This additional limit applies for up to 30 days. If the insured keeps the property for more than 30 days, additional premium is due starting with the 31st day of possession.
Example: During harvest time, Abe didn’t think about the impact of having planted an additional hundred acres of soy beans. He was running behind in his harvesting, so he borrowed equipment from a neighbor. One night, the borrowed equipment was vandalized. Because he had possession of the equipment for less than a month, his policy extended coverage for the damage. |
If there is no limit on the Declarations
for this coverage, no coverage is provided under this Coverage Extension.
However, refer to Section III-Additional Coverage for a limited automatic
amount of coverage.
G. FARM PRODUCTS IN THE OPEN–COVERAGE
AGAINST CERTAIN CAUSES OF LOSS
This Extension applies only to Coverage E.
For only the perils of fire, lightning, windstorm or hail, vehicles and theft, up to 10% of the limit of liability shown for farm personal property is available to apply to the following property in the open:
The coverage also extends to unharvested barley, corn, oats, rye, wheat, and other grains, flax, soybeans and sunflowers but only for the perils of fire or lightning. This Extension does not apply to seed or forage crops.
This extension does not increase the limit of insurance.
A. COST OF RESTORING FARM OPERATIONS RECORDS
Up to $2,000 is available for the research, replacement, or restoration of farm records lost due to a covered cause of loss. This is similar to Valuable Papers coverage. A higher limit can be entered on the declarations. No deductible applies to this additional coverage.
B. EXTRA EXPENSE
This coverage assists with the necessary and actual documented extra expenses incurred by the named insured in order to continue or resume normal farming operations. The operations must be interrupted by damage to or loss of covered property caused by the occurrence of a covered cause of loss. Coverage ends when the time needed to rebuild, replace or repair the covered property ends. No deductible applies to this coverage. This coverage does not apply to any expenses for the testing or monitoring for pollutants that are the result of an ordinance or law being enforced or due to the compliance with that ordinance or law.
Coverage applies only if there is a limit of insurance entered on the declarations for Extra Expense.
C. BORROWED OR RENTED FARM MACHINERY,
VEHICLES EQUIPMENT – THIRTY-DAY LIMIT (04 16 addition)
When there is no limit on the declarations
for Borrowed or Rented Farm Machinery, Vehicles, Equipment, an automatic limit
of $10,000 is available to cover such items. The contract can be written or verbal but the cause of loss form is Special Causes of Loss.
Coverage lasts for 30 days or until the policy period ends, whichever is
sooner. If coverage is needed beyond the 30 days, the property must be reported
and premium paid starting with the 31st day on which it is rented or
borrowed.
The items that are covered must be:
Borrowed farm machinery does not include
any motorized vehicles such as automobiles, trucks, motorcycles, motorized
bicycles and tricycles, dirt bikes, mopeds or snowmobiles. Additional excluded
items are all-terrain vehicles, motor homes, house trailers, any vehicles meant
for road use, watercraft or aircraft. Equipment, parts or tires for any of the
property described in this paragraph are also not included.
Equipment or vehicles belonging to a dealer
and being used for demonstration purposes are also not included as borrowed or
rented farm machinery, vehicle, or equipment.
Borrowed or rented items are not covered
while on their owners’ premises.
D. OTHER ADDITIONAL COVERAGE
Other additional coverages will be discussed in the section on FP 00 90–Farm Property–Other Farm Provision Form–Additional Coverages, Condition and Definitions.
Related Article: FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions, Definitions Analysis
A. COVERED CAUSES OF LOSS, EXCLUSIONS AND LIMITATIONS
A policy requires a Covered Cause of Loss section to be complete. These provisions are discussed in FP 10 60–Causes of Loss Form–Farm Property.
Related Article: FP 10 60–Causes of Loss Form–Farm Property Analysis
B. LIMITS OF INSURANCE
This is discussed in FP 00 90–Farm Property–Other Farm Provision Form–Additional Coverages, Condition and Definitions.
Related Article: FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions, Definitions Analysis
C. DEDUCTIBLE
This is discussed in FP 00 90–Farm Property–Other Farm Provision Form–Additional Coverages, Condition and Definitions.
Related Article: FP 00 90–Farm Property–Other Farm Provisions Form–Additional Coverage, Conditions, Definitions Analysis