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. § 400.169

Disputes

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(a) If the Company believes that the FCIC has taken an action that is not in accordance with the provisions of a Reinsurance Agreement except compliance issues, it may request the Deputy Administrator of Insurance Services to make a final administrative determination addressing the disputed action. The Deputy Administrator of Insurance Services will render the final administrative determination of the FCIC with respect to the applicable actions. All requests for a final administrative determination must be in writing and submitted within 45 days after receipt after the disputed action.

(b) With respect to compliance matters, the Compliance Field Office renders an initial finding, permits the Company to respond, and then issues a final finding. If the Company believes that the Compliance Field Office's final finding is not in accordance with the applicable laws, regulations, custom or practice of the insurance industry, or FCIC approved policy and procedure, it may request the Deputy Administrator of Compliance to make a final administrative determination addressing the disputed final finding. The Deputy Administrator of Compliance will render the final administrative determination of the FCIC with respect to the final finding. All requests for a final administrative determination must be in writing and submitted within 45 days after receipt of the final finding.

(c) A Company may also request reconsideration by the Deputy Administrator of Insurance Services of a decision of the FCIC rendered under any FCIC bulletin or directive which bulletin or directive does not interpret, explain, or restrict the terms of the Reinsurance Agreement. The Company, if it disputes the FCIC's determination, must request a reconsideration of that determination in writing, within 45 days of the receipt of the determination. The determination of the Deputy Administrator of Insurance Services will be final and binding on the Company. Such determinations will not be appealable to the Board of Contract Appeals.

(d) Appealable final administrative determinations of the FCIC under paragraph (a) or (b) of this section may be appealed to the Board of Contract Appeals in accordance with 48 CFR part 6102 and with the provisions 7 CFR part 24.

Notes of Decisions
Cited in 14 cases, 1999–2016 · leading case: Ace Property & Casualty Insurance v. United States
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Ace Property & Casualty Insurance v. United States (2004) uscfc · cites it 5× “They argue that because they are suing the United States, not the FCIC, the requirements of administrative exhaustion contained within the 1998 SRA and 7 C.F.R. § 400.169 are not controlling and thus do not deprive this Court of jurisdiction over their claims.”
In Re 2000 Sugar Beet Crop Insurance Litigation (2002) mnd · cites it 5× “Disputes arising out of FCIC decisions are governed by 7 C.F.R. § 400.169 . In September, 2001, the insurance companies removed these sugar beet cases to federal court, 1 and shortly thereafter, filed a third-party complaint against the FCIC.”
Ace Property & Casualty Insurance v. Federal Crop Insurance (2007) dcd · cites it 22× “Reviewing the district court’s decision de novo, the circuit court held that the Board has authority to hear the claims pursuant to 7 C.F.R. § 400.169 and that the Board has the ability to award monetary relief.”
American Growers Insurance v. Federal Crop Insurance (2002) iasd · cites it 3× “The administrative appeal procedures, which section 6912(e) states “shall” be exhausted, were established by the Secretary and are set forth in 7 C.F.R. section 400.169. The procedure requires a claimant like American Growers to request a final administrative determination…”
American Growers Insurance Company v. Federal Crop Insurance Corporation (2008) ca8 · cites it 2× “7 C.F.R. § 400.169 (a). It may then appeal an adverse ruling by the FCIC to the United States Department of Agriculture (USDA) Board of Contract Appeals (Board), which has jurisdiction to review determinations by the FCIC.”
Acceptance Insurance Companies Inc. v. United States (2007) cafc “7 C.F.R. § 400.169 provides that (a) If the company believes that the Corporation has taken an action that is not in accordance with the provisions of the Standard Reinsurance Agreement or any reinsurance agreement with FCIC, except compliance issues, it may request the Deputy…”
Rain & Hail Insurance Service, Inc. v. Federal Crop Insurance (2002) txsd · cites it 2× “7 C.F.R. § 400.169 (a), (d); see also 7 U.”
Ace American Insurance Company v. Federal Crop Insurance Corporation (2016) dcd · cites it 3× “Per 7 C.F.R. § 400.169 , plaintiffs began pursuing their administrative remedies by contesting the premium setting methodology with the Deputy Director of Insurance Services.”
ACE PROP. & CAS. INS. v. Fed. Crop Ins. Corp. (2005) iasd · cites it 4× “7 C.F.R. § 400.169 (a) (emphasis added). A dissatisfied party can then appeal the Deputy Administrator's final administrative determination to the Board of Contract Appeals.”
Farmers & Merchants Bank of Eatonton v. United States (1999) uscfc “Currently, FCIC administers this program, and these appeals are heard by FCIC in accordance with the procedures set out at 7 CFR 400.169. Discrimination complaints by producers or borrowers are handled in accordance with the applicable departmental procedures set out at 7 CFR…”
Ace Property & Casualty Insurance v. Federal Crop Insurance (2006) ca8 · cites it 4× “While their appeal was still pending before the Federal Circuit, the insurers filed this action against the FCIC in the Southern District of Iowa seeking damages for the breach of the 1998 SRA.”
Ace Property & Casualty Insurance v. Federal Crop Insurance (2005) iasd · cites it 4× “7 C.F.R. § 400.169 (a) (emphasis added). A dissatisfied party can then appeal the Deputy Administrator’s final administrative determination to the Board of Contract Appeals.”
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— 7 C.F.R. § 400.169(d) — 2 cases
Ace Property & Casualty Insurance v. United States (2004) uscfc “They argue that because they are suing the United States, not the FCIC, the requirements of administrative exhaustion contained within the 1998 SRA and 7 C.F.R. § 400.169 are not controlling and thus do not deprive this Court of jurisdiction over their claims.”
National Crop Insurance Services, Inc. v. Federal Crop Insurance (2003) ca8
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