Howard v. Federal Crop Insurance Corp.
United States Court of Appeals for the Fourth Circuit
540 F.2d 695 (4th Cir. 1976)
The Howards' (plaintiffs) tobacco crop was damaged by heavy rain, and after harvesting and selling what remained and timely filing a notice and proof of loss with their insurer, Federal Crop Insurance Corp. (FCIC) (defendant), they plowed the fields to plant a soil-preserving cover crop before FCIC could inspect the damage. FCIC denied the claim, citing a policy provision that tobacco stalks subject to a loss claim "shall not be destroyed" until FCIC inspected them, and the district court granted FCIC summary judgment, treating that clause as a condition precedent the Howards failed to satisfy.
Whether a contract provision will be construed as a condition precedent in the absence of language plainly requiring that construction.