Farmers' appeal of crop insurance denial dismissed; insurer's use of simulated yield data upheld.
The appellants, a group of forage farmers, appealed AGRICORP's decision to deny their crop insurance claims for the 1999 hay crop.
The farmers argued that AGRICORP failed to properly administer the SYMFOY yield simulation model by using incorrect weather data, relying on closed weather stations, and using inconsistent rain gauges.
The Tribunal found that while AGRICORP's data collection methods had weaknesses and its failure to notify clients of a weather station change was negligent, it did not constitute a breach of contract.
AGRICORP had administered the plan consistently with the contract and corrected data errors when found.
The appeal was denied.
Ellicott et al. v Agricorp, 2001 ONAFRAAT 30