Acceptance Insurance Companies Inc. Announces Denial of Class Certification.Business Editors & Legal Writers OMAHA Omaha, city, United States Omaha (ō`məhä, –hô), city (1990 pop. 335,795), seat of Douglas co., E Nebr., on the west bank of the Missouri River; inc. 1857. , Neb.--(BUSINESS WIRE)--March 15, 2000 Acceptance Insurance Companies Inc. (NYSE NYSE See: New York Stock Exchange :AIF AIF Annual Information Form AIF Apoptosis-Inducing Factor AIF Agence Intergouvernementale de la Francophonie (French: Intergovernmental Agency for Francophony) AIF Australian Imperial Force ) announced today that plaintiffs' request for class action status in a pending suit on behalf of all rice farmers who applied for the Company's CropRevenue CoveragePlus(R) (CRCPlus) has been denied. In an order filed March 10, the United States District Court for the Eastern District of Arkansas The United States District Court for the Eastern District of Arkansas is further subdivided into six divisions, which collectively cover 41 Arkansas counties. It is divided into five separate divisions: Northern, Eastern, Western, Jonesboro, and Pine Bluff. ruled plaintiffs failed to demonstrate their claims are typical of class members who elected coverage alternatives different from the alternatives the plaintiffs chose for themselves, and that a conflict may exist between persons who withdrew their applications and those who accepted the Company's offer to provide coverage at 1 1/2 cents per pound. The Court said the nature of any damages suffered by plaintiffs was unclear, and that "the difference in coverage selected or not selected carries with it a myriad of individualized in·di·vid·u·al·ize tr.v. in·di·vid·u·al·ized, in·di·vid·u·al·iz·ing, in·di·vid·u·al·iz·es 1. To give individuality to. 2. To consider or treat individually; particularize. 3. inquiries such as reliance, formation of a contract, and nature of damages." Plaintiffs have until March 24 to apply to the federal Court of Appeals for permission to immediately appeal from the order. The Court also reaffirmed its earlier dismissal of plaintiffs' claim the Company acted in bad faith, concluding that the "Arkansas courts would not extend the tort tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. of bad faith to the fact situation presented here." "When this action was filed we said it was without merit and would not deter us from our commitment to provide effective risk management choices to American agricultural producers," said J. Michael Gottschalk, General Counsel and Secretary of the Company. "Since that time our companies have made CRCPlus and other crop insurance products available to thousands of agents and farmers, just as we said we would. We nevertheless are pleased the Court recognized, based on the undisputed facts and clear legal precedent referred to in the Order, that we provided CRCPlus coverage to all rice farmers who chose to purchase that coverage and that this was not a proper class action." Acceptance Insurance Companies Inc. is an insurance holding company providing specialized crop, property and casualty insurance products throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . American Agrisurance, the company's wholly owned crop insurance marketing subsidiary, is a widely recognized leader in the crop insurance industry. |
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