Todd Brothers v. FEDERAL CROP INSURANCE CORPORATION

Pollock, District Judge.

This is an action to recover upon a corn crop insurance policy for drought damage claimed in excess of indemnity paid. The question is how to determine the amount of the loss.

The plaintiff Todd Brothers, a co-partnership consisting of Richard Todd and his brother Raymond Todd, seeks recovery based upon determination of the loss by the method provided in the policy. The defendant Federal Crop Insurance Corporation claims that the parties modified the insurance contract by entering into a “Soil Bank Agreement” wherein they agreed upon a different method of determining…