AGRICULTURE
Stone & Johnson has developed a sophisticated practice in the area of agricultural
liability and insurance coverage. Farm and livestock operations are the first
line of agribusiness. However, feed and farm supply stores, grain elevators,
pesticide applicators, farm equipment rental, farm cooperatives and agricultural
transportation form the secondary agribusiness market and also have specialized
liability exposures and insurance coverages. The firm’s attorney have
expertise to advise insureds and insurers in these markets on how to protect
themselves from liability and how to limit their exposure when a loss occurs.
Parties to agreements in the secondary agribusiness market can often limit
their exposure through the use of specialized contractual language. Whether
in rental agreements or contracts for services, language that provides for
risk transfer can be inserted to protect both insureds and insurers. This
language may take the form of indemnity and partial indemnity language, safety
transfer provisions, as well as agreements to procure insurance. Stone & Johnson can advise its agricultural clients as to what language to include in
their contracts, based on their particular risk or jurisdiction.
However,
when a property damage or bodily injury loss does occur, whether it is crop
or livestock loss, pesticide spill, or an agricultural transportation or farm
equipment accident, Stone & Johnson can provide advice on immediate investigation
and loss control. Aggressive investigation, gathering of evidence, protecting
insureds from making incriminating statements and immediate evaluation and
implementation of risk transfer can often dramatically limit liability exposure
and protect both loss history and underwriting results.