Dailey v. American Growers Insurance

I concur fully in the majority opinion which correctly decides the only issue addressed by the trial court and the Court of Appeals, ie., whether the Federal Crop Insurance Act (FCIA) preempts a state law claim against a private insurer for damages caused by the insurer’s failure to pay the proceeds due under the policy. I write separately to express my views with respect to the other issues raised by American Growers1 in support of its claim of entitlement to a summary judgment and which are likely to be reiterated upon remand to the trial court.

In addition to its preemption claim, American…