2 F3d 1157 Hemphill v. California Department of Corrections. 2 F3d 40 Abnathya v. Hoffmann-La Roche Inc. 2 F3d 403 Chambers v. Nyc Housing Preser. 540 F2d 995 United States v. Prueitt. ➢ In Federal Crop Insurance, the insurance contract was absent of any preceding conditions requiring inspection of the crops prior to recovery under the insurance policy. See Kenneth A. Adams, Plenty of Room for Improvement: My Critique of IBM's New Two-Page Cloud-Services Contract, Adams on Contract Drafting (Dec. 29, 2014). 2 F3d 1150 Wadley v. J R Tobacco Company. • Here, court isn't persuaded that the provision is unfair or unreasonable. Law School Case Briefs | Legal Outlines | Study Materials: Howard v. Federal Crop Insurance Corp. case brief. 2 F3d 1031 Lujan v. J Tansy. The five-day time limit was presumably established in order to ensure some predictability regarding whether a given invoice could be disputed. In re: Dow Corning Corp., Bear Stearns Government Securities v. Dow Corning Corp. Citation. McCrary, 642 at 547 (citing United States v. 18.
540 F2d 1188 Tanners' Council of America Inc v. E Train. The coverage per acre established for the area in which the insured acreage is located shall be shown by practice(s) on the county actuarial table on file in the county office. 540 F2d 1083 Astor Foods, Inc. v. Specialty Brands, Inc. 540 F2d 1083 Caplan v. Federal crop insurance v merrill. Howard. 2 F3d 1150 Smith v. Evatt Scdc. 540 F2d 486 Construction Inc v. Reliance Insurance Company. 693 "Your letter is being forwarded to the manager of the Federal Crop Insurance Corporation in Washington, D. for any further comments which he may wish to make.
Atty., Raleigh, N. C. (Thomas P. McNamara, U. Using will or must instead of shall offers an easy sense of modernity, but at the prohibitive cost of muddying the distinction between categories of contract language. 540 F2d 209 Jackson v. T Cox L E. 540 F2d 21 In Re United States of America.
2 F3d 406 King v. Bd. The first bit of bad news is that the writing in most contracts is fundamentally flawed. In this case, I think that a disinterested person would conclude that Acme had in mind that the provision would constitute a condition. 540 F2d 744 Richardson v. How a Court Determines Whether Something Is an Obligation or a Condition. J McFadden Richardson. Your templates would be more likely to truly address your needs, you would have on hand a body of reliable contract language to use when working with others' drafts, and your employees would be immersed in quality contract language. 2 F3d 796 Carpenter Local No Mill Cabinet-Industrial Division v. Lee Lumber and Building Material Corporation.
2 F3d 406 Farley v. Gulf States Steel Inc. 2 F3d 406 Hernandez v. United States. 540 F2d 213 Southern Pacific Transportation Company v. National Molasses Company. 2 F3d 1151 Hulen v. Polyak. Consider the following example: Jones shall submit any Dispute Notice to Acme no later than five days after delivery of the related invoice. FEMA has the option to waive the 60 day requirement under Article 9, Paragraph J(7), and if it does, the claimant must sign an adjuster's report. P. Pacific Gas & Electric Co. G. Howard v federal crop insurance corp. ltd. W. Thomas Drayage & Rigging Co. "As of this time insurance is still in force and should there be an insured loss under the terms of the contract on the acreage as reseeded, the insured involved will, of course, be indemnified upon proof thereof, as required. V. Finally, the plaintiffs argue that the provisions in their insurance policy regarding the proof of loss requirement are ambiguous and that if we construe the ambiguity in the insured's favor, the defendant is not entitled to summary judgment. The parties do not dispute that at that time, Hughes would not acknowledge that the hurricane was accompanied by waves and, therefore, only inspected the first level of the home for damage. Accordingly, the plaintiffs hired Thomas Harwell, a structural engineer, to assess the damage to the home from the hurricane-induced flood. A b c d e f g h i j k l m n o p q r s t u v w x y z. a. Austin Instrument, Inc. v. Loral Corp.
Here's a small taste of what clear contract language looks like. 540 F2d 1141 Committee for Humane Legislation Inc v. L Richardson US Fund for Animals. 2 F3d 405 Lyons v. Aluminum Brick & Glass. J. Jaynes v. Conditions Flashcards. Louisville & Nashville Railroad. A, an insurance company, issues to B a policy of insurance containing promises by A that are in terms conditional on the happening of certain events. And so we assume that recovery could be had against a private insurance company. The plaintiffs had also insured their property against wind damage with a policy issued by Lloyds of London. Its pertinent part is as follows: "Our Washington State Director has forwarded for our consideration your letter of May 10, 1956, in regard to claims which several Douglas County wheat farmers expect to litigate, and a copy of his reply dated May 14, 1956. 2 F3d 403 United States v. County of Nassau.
Note also that unless the contract language in question is unmistakably a condition, "Even if it is determined that the language is language of condition, to the extent that the nonoccurrence of a condition would cause disproportionate forfeiture, the Restatement (Second) provides that a court may excuse the nonoccurrence of that condition unless its occurrence was a material part of the agreed exchange. " You have better command of meaning, and readers benefit, when you use specific verb structures for the different categories of contract language, with those verb structures being consistent with standard English, as adjusted for the specialized context of contracts. 2 F3d 899 Bonner Mall Partnership Bonner Mall Partnership v. US Bancorp Mortgage Co. 2 F3d 90 Hartnett v. Schering Corporation. 540 F2d 1257 Eagle Leasing Corporation v. Hartford Fire Ins Co. 540 F2d 1264 Robinson v. H Kimbrough. Any given contract will likely be riddled with deficient usages that collectively turn contract prose into "legalese" — flagrant archaisms, botched verbs, redundancy, endless sentences, meaningless boilerplate, and so on. Furthermore, some lawyers would likely find it challenging to be instructed to change how they draft contracts: the illusion that one writes well is hard to shake. 540 F2d 266 James Burrough Limited v. Sign of Beefeater Inc. 540 F2d 27 Herzfeld v. Laventhol Krekstein Horwath & Horwath Laventhol Krekstein Horwath & Horwath. 540 F2d 1085 Martin v. Louisiana & Arkansas Railway Co. 540 F2d 1085 Mississippi Power & Light Co. United Gas Pipe Line Co. Federal crop insurance fraud. 540 F2d 1085 Mitchell Energy Corp. F. P. C. 540 F2d 1085 Moity v. Louisiana State Bar Association. The loss shall not be payable until 60 days after the award of the appraisers when such an appraisal is required. ' However, a violation of subparagraph 5(f) would not, under the second premise, standing alone, cause a forfeiture of the policy. It's appropriate to use an efforts standard when a contract party doesn't have complete control over achieving the contract goal in question.
2 F3d 328 United States v. $30440 in US Currency. 540 F2d 1083 Holmes v. Wallace. On the other hand, drafters generally also use many different verb structures to convey the same meaning. 1-7 Murray on Contracts § 102; see also Williston on Contracts § 38:13; Southern Surety Co. v. MacMillan Co., 58 F. 2d 541, 546–48 (10th Cir. 2 F3d 1157 Marth v. United States. 540 F2d 718 Nance v. Union Carbide Corporation Consumer Products Division. Harwell examined the property on March 3, 1998 and determined that, in his opinion, the flood had indeed caused structural damage to the home. To repeat, our narrow holding is that merely plowing or disking under the stalks does not of itself operate to forfeit coverage under the policy. 2 F3d 280 Pioneer Military Lending Inc v. L Manning.
2 F3d 1160 Slavens v. Board of County Commissioners for Unita County Wyoming. 2 F3d 208 Linarez v. United States Department of Justice. The trial court held for Clyde finding that failure to provide notice barred recovery. Absent such evidence, we are left with the express terms of the policy, and pursuant to those terms, the above conduct does not constitute either a general waiver or an exercise of FEMA's option to exercise the specific waiver of the 60 day requirement. The plaintiffs pray for judgment for the expense of reseeding at $6. The defendant is "an agency of and within the Department of Agriculture * * *" of the United States. 2 F3d 1154 Schleeper v. Delo. 2 F3d 56 Mylan Laboratories Incorporated v. Akzo Nv. The court found without merit the plaintiffs' arguments that the defendant could not use the 60 day period as a defense under the doctrines of waiver and equitable estoppel. 2 F3d 1151 Hunt v. Reynolds.
All significant new filings across U. S. federal district courts, updated hourly on business days. This "rule" is simply a species of the general abhorrence of forfeitures. That would allow your lawyers to focus on higher-value tasks and might reduce your need for additional legal personnel. 2 F3d 559 United States v. Adekunle. • § 229: a court may excuse the failure of a condition to prevent forfeiture, in order to avoid injustice [generally applies to loss of property or denial of compensation for work performed; a party never enters into an agreement where they lose property or forfeit compensation].
540 F2d 1389 United States v. Clovis Retail Liquor Dealers Trade Association. 540 F2d 454 Brennan v. J G Carrasco J G J. The district court granted the defendant summary judgment after determining that the plaintiffs could not recover. There has not been called to my attention any regulation, statute, or provision of the insurance contract authorizing payment of the cost of reseeding an insured farmer's wheat crop.
Hughes sent an initial proof of loss to the plaintiffs, which they rejected because they did not believe it was reasonable. 2 F3d 548 McGinnis v. Shalala Musmeci. To rely instead a mystery phrase such as hold harmless is to ignore that anyone who drafts or reviews contracts has the power and the responsibility to state the deal clearly. 2 F3d 1157 Pinkerton v. Henry. 2 F3d 1160 Debardeleben v. L Matthews. Howard G. DAWKINS, Jr., M. D. ; Annette Dawkins, Plaintiffs-Appellants, v. James Lee WITT, Director of the Federal Emergency Management Agency, Defendant-Appellee. 2 F3d 1153 Fitigues Inc Lrv Fnp v. Varat. Dawkins v. Witt, No. 2 F3d 394 Sanders Associates Inc v. Summagraphics Corporation. See Keifer & Keifer v. Reconstruction Finance Corp., 306 U.
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