Attorney William Kenneth Crispin's Legal Cases

Agriculture

TRA Farms, Inc. v. Syngenta Seeds, Inc., 932 F. Supp. 2d 1251 (USDC NDFL 2013)

Mar 18, 2013

OUTCOME: Motion for Stay Denied

In a case involving defective watermelon seeds, although the heading of Fla. Stat. § 578.26(1)(a) appeared inconsistent with the statute's text and was deserving of correction, the court was not author ... ized to speculate as to what the Florida Legislature may have intended and, instead, had to apply the law as written; The heading of § 578.26 was not read as statutory text so as to create an ambiguity; The Florida Supreme Court viewed the text and heading separately as independent considerations, which evidenced the fact that they were not both "text";The text was unambiguous and its application as written did not render other subsections and sections meaningless;The text unequivocally stated that the prerequisite to a legal action, without more, was the filing of a sworn complaint.

Agriculture

Lindsey Citrus v. Producers Agriculture Insurance Co.

Oct 12, 2012

OUTCOME: Both Arbitrations resulted in significant Awards to our citrus grower client. Oct 2012 and Nov 2013

Two separate Arbitration(s) regarding two consecutive crop year losses of Citrus grower insured due to freeze of Jan. 2010 and December 2010 (2nd Arbitration).

Agriculture

Mosely, Thomas, Vaughn & Steven Davis v. Producers Agriculture Insurance Co., CASE NO. 1:10-cv-226-SPM-GRJ

Aug 09, 2011

OUTCOME: Case ultimately settled favorably for the farmers.

This case filed in the US Dist Ct., Northern Dist. of Florida, Gainesville, FL, alleged negligent misrepresentation and fraud against the crop insurance company. Crop insurer sold cabbage policies to ... farmers assuring of coverage. Farmers filed claims due to January 2010 freeze and crop insurer reduced coverage to nominal level asserting defense that the coverage should not have been issued.

Agriculture

Great Am. Ins. Co. v. Moye, 733 F. Supp. 2d 1298 (MDFL 2010)

Jul 29, 2010

OUTCOME: The insurance company's motion for summary judgment was denied. The insured's motion for summary judgment was granted.

The insured was a farmer. The insurance company sold federally reinsured crop insurance policies. The insured suffered a loss to his tomato crop and filed a claim. The company denied indemnity because ... it believed that the loss was due to disease. which was not a "covered peril" under the policy. The parties went to arbitration and the arbitrator found that (1) excessive moisture was the cause of the loss; (2) the company's alternative cause was not supported by the evidence; (3) the insured's treatment of the soil was proper treatment; and (4) the insured was not required to re-plant his tomatoes. The arbitrator awarded the insured indemnity in the amount of $ 117,670.67. The court found that the policy was clear that arbitration was binding. Although the company did not agree with the conclusion, mere disagreement supported by objective evidence did not allow the court to overturn the arbitrator's decision. The arbitrator made a factual determination, not a procedural interpretation in coming to his conclusion. The arbitrator's determination and award drew from the essence of the agreement and should not be vacated under 9 U.S.C.S. § 10(a)(4).

Contracts and agreements

White v. Ocean Bay Marina, 778 So. 2d 412 (FL 3rd DCA, 2001)

Jan 21, 2001

OUTCOME: Trial Court's Summary Judgment against Plaintiff reversed.

A written contract, in this case a commercial real estate lease, may be modified by a subsequent oral agreement or subsequent conduct of the parties, even though the written contract purports to prohib ... it such modification.

Agriculture

Williams Farms of Homestead, et al v. Rain & Hail Insurance Services,et al, 121 F.3d 630 (11th Cir. 1997)

Sep 16, 1997

OUTCOME: Matter remanded to the District Court with Parties reaching settlement

The court reversed the district court order dismissing the consolidated actions of plaintiff farmers for declaratory judgment and breach of contract against defendant insurance companies because the Fe ... deral Crop Insurance Act did not preempt contract claims by insureds against private companies that were reinsured by the Federal Crop Insurance Corporation.

William Kenneth Crispin's Legal Cases (6)

TRA Farms, Inc. v. Syngenta Seeds, Inc., 932 F. Supp. 2d 1251 (USDC NDFL 2013)

Lindsey Citrus v. Producers Agriculture Insurance Co.

Mosely, Thomas, Vaughn & Steven Davis v. Producers Agriculture Insurance Co., CASE NO. 1:10-cv-226-SPM-GRJ

Great Am. Ins. Co. v. Moye, 733 F. Supp. 2d 1298 (MDFL 2010)

White v. Ocean Bay Marina, 778 So. 2d 412 (FL 3rd DCA, 2001)

Williams Farms of Homestead, et al v. Rain & Hail Insurance Services,et al, 121 F.3d 630 (11th Cir. 1997)