Enclosure Page 2

FCIC Interpretation of Procedure

Federal Crop Insurance Corporation Provisions:

Subject: A joint request dated November 5, 2021, submitted to the Risk Management Agency for a

Federal Crop Insurance Corporation (FCIC) interpretation of section 30(b) of the 2018 Whole-Farm 

Revenue Protection (WFRP) Pilot Policy.

The relevant policy provision is:

30. Other Insurance.

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(b) Any other crop insurance policy authorized under the Act you purchase that covers 

commodities insured under this policy will become the primary insurance and any 

indemnity payment received from such policy(s) will be included as revenue-to-count under 

this policy.

7. Record Retention and Access to Insured Commodities and Records

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(b) By signing the application for insurance authorized under the Act or by continuing 

insurance for which you have previously applied, you authorize us or USDA, or any person 

acting for us or USDA authorized to investigate or review any matter relating to insurance 

authorized under the Act, to obtain records relating to the planting, replanting, lease, 

ownership, share, production, inputs, harvesting, disposition, or marketing contract 

agreements of the insured commodity from any person who may have custody of such 

records, including but not limited to, FSA offices, banks, warehouses, gins, cooperatives, 

marketing associations, landlords, and accountants. You must assist in obtaining all 

records we or any employee of USDA, or any person acting for us or USDA authorized to 

investigate or review any matter relating to insurance authorized under the Act, requests 

from third parties.

Interpretation Submitted by Requestor(s)

First Requestor’s Interpretation:

The first requestor interprets section 30(b) of the 2018 WFRP Pilot Policy to mean that when an 

insured has a WFRP claim and also had an actual production history claim on another crop insurance 

policy authorized under the Act that covers commodities under the WFRP plan of insurance, because 

the other policy is primary, the contents of all information on the Production Worksheet/Proof of Loss 

of the other policy, whether a part of the form or written on the form, including, but not limited to the 

signature of the insured certifying the correctness and completeness of the contents of that 

information, are relevant, applicable, and binding on the insured relative to the adjusting of the WFRP 

claim to the extent that the insured signed the Production Worksheet/Proof of Loss of the other 

policy’s claim.
Enclosure Page 3

FCIC Interpretation of Procedure

Second Requestor’s Interpretation:

The second requestor interprets section 30(b) of the 2018 WFRP Pilot Policy to mean the WFRP 

protections are in addition to, and excess, over other coverages covering the same commodity for the 

same crop year. Further, section 30(b) states that should any indemnity payments be made for the 

same crop year for the same commodity, the other payment is primary and the WFRP indemnity is 

excess. The second requestor interprets this to mean, only the amount of any primary indemnity 

payment is included as revenue-to-count in the WFRP policy worksheet. The second requestor does 

not interpret section 30(b) to require or allow incorporation of other information from a separate 

worksheet submitted for a separate loss as a basis to deny a WFRP claim.

Federal Crop Insurance Corporation Determination

FCIC disagrees with the first requestor’s interpretation of section 30(b) of the 2018 WFRP Pilot 

Policy. FCIC agrees with the second requestor’s interpretation of section 30(b). FCIC interprets 

section 30(b) to mean that another policy authorized under the Act, purchased by the insured that 

insures any commodity also covered under WFRP, is the primary insurance for that commodity. If the 

insured receives an indemnity payment from the other policy, authorized under the Act, the indemnity 

payment will be included as revenue-to-count for a WFRP claim.

However, relative to the first requestor’s interpretation, FCIC interprets section 7(b) of the 2018 

WFRP Pilot Policy to mean any record associated with another policy authorized under the Act, that 

provides coverage for any commodity insured under WFRP, including but not limited to the 

Production Worksheet/Proof of Loss from the other policy, may be relevant to adjusting a loss under 

WFRP. FCIC also interprets section 7(b) to mean that an AIP is authorized to request and review 

records from the insured relating to commodities insured under WFRP and the other policy.

In accordance with section 33(a)(1) of the WFRP Pilot Policy, this FCIC interpretation is generally 

applicable and binding in any mediation or arbitration. In accordance with section 33(a)(1), any 

appeal of this interpretation must be in accordance with 7 C.F.R. part 11.