C.F.R. » Title 7 » CHAPTER IV—FEDERAL CROP INSURANCE CORPORATION, DEPARTMENT OF AGRICULTURE › PART 400—GENERAL ADMINISTRATIVE REGULATIONS › Subpart L—Reinsurance Agreement—Standards for Approval; Regulations for the 2019 and Subsequent Reinsurance Years.

7 C.F.R. § 400.164

Eligibility for a Reinsurance Agreement

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FCIC will offer a Reinsurance Agreement to an eligible Company as determined by FCIC. To be eligible and qualify initially or thereafter for a Reinsurance Agreement with FCIC, a Company must:

(a) Be licensed or admitted in any state, territory, or possession of the United States;

(b) Be licensed or admitted, or use as a policy-issuing company, an insurance company that is licensed or admitted, in each state where the Company will write policies under a Reinsurance Agreement;

(c) Have surplus, as reported in its most recent Annual or Quarterly Statutory Financial Statement, that is at least equal to twice the MPUL amount for the Company's estimated retained premium submitted in its plan of operation.

(d) The Company shall have the financial and operational resources, including but not limited to, organization, experience, internal controls, technical skills, positive assessment of the ratio results appearing in Section 400.162 as well as meet methodologies, data submission requirements and assessment contained in Appendix II (Plan of Operations) of the Reinsurance Agreement to meet the requirements, including addressing reasonable risks, associated with a Reinsurance Agreement, as determined by FCIC.

(e) The Company shall provide data and demonstrate a satisfactory performance record to obtain a Reinsurance Agreement and continue to hold a Reinsurance Agreement for the reinsurance year as determined by FCIC.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2000–2026 · leading case: Acceptance Insurance Companies Inc. v. United States
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Acceptance Insurance Companies Inc. v. United States (2007) cafc “7 C.F.R. § 400.164 . The Risk Management Agency (“RMA”) is an agency within the Department of Agriculture whose purpose is to supervise the FCIC and to administer all programs authorized pursuant to the FCIA.”
Dailey v. American Growers Insurance (2003) ky · cites it 2× “7 C.F.R. § 400.164 . In its order granting American Growers' motion for summary judgment, the circuit court apparently relies on the following language from 7 C.”
Vaughn v. Producers Agriculture Insurance (2015) flnd “7 C.F.R. § 400.164 . The SRAs impose certain obligations on approved insurance providers, including requiring them to “follow all applicable [FCIC] procedures in its administration of the crop insuranee policies reinsured.”
Ace Property & Casualty Insurance v. Federal Crop Insurance (2006) ca8 “7 C.F.R. § 400.164 . The SRA is renewed annually, and a company may terminate the agreement by not submitting a Plan of Operation for the next reinsurance year by the date specified in the SRA.”
Lyerly v. American National Fire Insurance (2000) scctapp “7 C.F.R. § 400.164 (2000); see also 7 U.S.”
Brisk Insurance Services LLC v. Federal Crop Insurance Corporation (2026) dcd “See 7 C.F.R. § 400.164 (e). AIPs then rely on “a network of independent agents [to] sell and service the federal policies.”
Jason Simms v. Insurance Company of North America (2005) tennctapp “7 C.F.R. § 400.164 . Dailey v. American Growers Insurance, 103 S.”
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