Crop insurance appeal partially allowed; separate contract denied but 75% of corn claim granted.
The appellant appealed the Crop Insurance Commission's decisions denying him a separate insurance contract from his father and denying his claim for corn crop loss.
The Tribunal found the appellant ineligible for a separate contract because his father sharecropped his home farm and paid taxes on their jointly owned farm, indicating they did not have separate farming operations.
However, the Tribunal partially allowed the corn crop claim, finding that while the appellant contributed to the loss through late planting of a long-maturing variety and failing to report damage, an insured peril of excess rain delayed the initial planting.
The Tribunal ordered the insurer to pay 75% of the potential production claim.
John D. Fittler v. Crop Insurance Commission of Ontario, 1997 ONAFRAAT 12