BULLETIN NO.: MGR-95-010.1 TO: All Reinsured Companies CFSA Headquarters, Program Delivery, Field Operations All Risk Management Field Offices FROM: Kenneth D. Ackerman Acting Deputy Administrator SUBJECT: Insured's Signature on Acreage Reports - Revised BACKGROUND: On October 12, 1994, the Federal Crop Insurance Corporation (FCIC) issued an INFORMATIONAL MEMORANDUM requiring all acreage reports for the 1995 crop year to be signed by the insured or the insured's authorized representative. The General Administrative Regulations, Subpart T, 400.653(d) published January 6, 1995, requires the insured to file a signed acreage report on or before the acreage reporting date. On April 4, 1995, FCIC issued Bulletin No.: MGR-95-010 which stated that acreage reports must be signed by the insured in order to have a fully executed contract of insurance. This bulletin also stated that if litigation was filed against the insurance provider due to information contained in or derived from an unsigned acreage report, FCIC would not reimburse litigation expenses and would not reinsure indemnities resulting from the disputed information. Bulletin No.: MGR-95-010 also provided that operators may sign acreage reports for catastrophic risk protection policies only. The crop insurance industry has requested clarification regarding the reinsuring of indemnities involved in disputes arising from the information contained in or derived from an unsigned acreage report. The industry has also requested that operators be allowed to sign acreage reports for limited and additional coverage policies. ACTION: Paragraph 2 under "Action" of Bulletin No.: MGR-95-010 is revised by inserting the following after the last sentence of paragraph 2 as follows: For limited and additional coverage policies, an operator (or any other competent party) may sign the application, acreage report, or any other document relative to crop insurance coverage where he or she has a properly executed power of attorney authorizing the operator to sign. For the 1995 crop year only, if the application was signed by the operator without a properly executed power of attorney, the power of attorney must be obtained and submitted to the insurance provider by the final acreage reporting date for the crop insurance contract for which acreage is being reported. Paragraph 5 under "Action" of Bulletin No.: MGR-95-010 is also revised by striking the last sentence of the fifth paragraph and inserting the following: If the dispute results in a threat of litigation, litigation, settlement of the claim through the administrative appeals process, or any other payment, FCIC will not reimburse litigation or administrative expenses resulting from such claim, and will not reinsure any claim resulting from the disputed information under ultimate net loss. For example: 1) The insured claims he reported 20 acres over the telephone to the crop insurance agent. The insurance provider processed the acreage report based on 15 acres. The amount of acres in dispute, subject to the litigation brought by the insured is 5 acres, not the 15 acres actually processed. Therefore, FCIC would not pay an ultimate net loss resulting from a claim brought by the insured for the disputed 5 acres. 2) The insured reports a 75 percent share to his or her crop insurance agent. The insurance provider processes the acreage report based on a 75 percent share. A dispute arises based on a subsequent representation or determination (cross-compliance) that the share was actually 100 percent. The premium and liability associated with the 25 percent share is the amount in dispute. Therefore, FCIC would not pay an ultimate net loss resulting from the payment to the insured for the disputed 25 percent share. If the insured fails to submit a signed acreage report, the insurance provider in accordance with policy provisions may: 1) determine the insurable acreage, share, type, or practice, etc.; or 2) determine zero acreage. The insurance provider may attempt to verify unsigned acreage report information through a verification letter to the insured that advises the insured that the reported information will be binding if it is not modified within a specified amount of time. If no response is received from the insured, the insurance provider may accept and process the unsigned, reported information or declare the acreage to be zero as provided under FCIC-approved procedure applicable to the situation.