July 25, 1997 INFORMATIONAL MEMORANDUM: R&D-97-057 TO: All Reinsured Companies All Risk Management Field Offices FROM: Tim B. Witt /s/ R. E. Waggoner (for) Deputy Administrator SUBJECT: Macadamia Tree Crop Insurance Provisions Attached is a copy of the Macadamia Tree Crop Insurance Provisions effective for the 1998 and succeeding crop years. The following is a brief description of the significant changes to these provisions. The provisions are also available on the Reporting Organization (RO) Server. Please refer to the provisions for complete information. - The contract term between the producer and the insurance provider is amended to provide continuous coverage. The current policy is not a continuous contract. This change removes the requirement of annually filing an application. - Section 1 adds definitions for the terms "days," "good farming practices," "interplanted," "irrigated practice," "non-contiguous," "rootstock," and "written agreement" for clarification. The definition of "planting pattern" is deleted. This is a commonly understood term that is not defined in other crop policies. - Section 2 describes the guidelines under which basic units may be divided into optional units consistent with other perennial crops offering optional units. These provisions also incorporate the requirement that each optional unit must contain at least 80 acres of insurable macadamia trees or be located on non-contiguous land. - Section 3(a)(1) specifies that the insured may select only one dollar amount of insurance for all the macadamia trees in the county in each age group contained in the actuarial table that are insured under the policy to standardize these provisions with other perennial crops. The dollar amount of insurance chosen by the insured for each age group must have the same percentage relationship to the maximum dollar amount offered by the insurance provider for each age group. - Section 3(a)(3) specifies the reporting requirements when any circumstance occurs that may be expected to cause a reduction in the dollar amount of insurance and when the insured crop is interplanted with another perennial crop. This ensures that the amount of insurance accurately reflects the value of the trees and maximizes the number of acres which are insurable. - Section 4 establishes August 31 as the contract change date. Previously, the policy contained no contract change date since it was not a continuous policy. - Section 5 establishes December 31 as the cancellation date. Previously, the policy contained no cancellation date since it was not a continuous policy. - Section 7 allows insurance for macadamia trees interplanted with another perennial crop in order to increase the number of acres that are insurable without adversely affecting the actuarial soundness of the program. - Section 8(a) specifies that if the application is received after December 22 but prior to January 1, insurance will attach on the tenth day after the insured's properly completed application is received in the insurance provider's local office unless the acreage is inspected during the 10-day period, and it is determined that requirements of the insurance contract are not met. - Section 8(b) adds provisions to clarify the procedure for insuring acreage when an insurable share is acquired or relinquished on or before the acreage reporting date. - Section 9 adds adverse weather conditions, earthquake, failure of irrigation water supply, and wildlife, unless proper control measures to control wildlife have not been taken, as insurable causes of loss. Wind is deleted because it is encompassed by the term adverse weather. Disease and insect infestation are also excluded as causes of loss unless adverse weather prevents the proper application of control measures, causes control measures to be ineffective when properly applied, or causes disease or insect infestation for which no effective control mechanism is available. - Section 12 adds provisions for providing insurance coverage by written agreement. FCIC has a long standing policy of permitting certain modifications of the insurance contract by written agreement for some policies. This amendment allows FCIC to tailor the policy to a specific insured in certain instances. The new section will cover the procedures for and duration of written agreements. Attachment