Farm Insurance:
Covering Your Assets
Ohio State University Agricultural & Resource Law Program
Farm Insurance: Covering Your Assets
Robert Moore, Attorney, OSU Agricultural & Resource Law Program
Jeffrey K. Lewis, Attorney, OSU Income Tax Schools
Zachary Ishee, Law Fellow, National Agricultural Law Center
Samantha Capaldo, Law Fellow, National Agricultural Law Center
Farms are subject to more risks than ever before. Whether it is the liability exposure of driving
equipment on roadways or the potential of property loss due to a barn roof collapse, every farm has
multiple sources of risk. While farmers can reduce their risk exposure through good business
practices and rigorous safety protocols, there is no way to entirely eliminate risks. For this reason,
insurance policies that adequately protect against risks are a necessity for farm operations.
Farmers likely understand the important role insurance plays in protecting farm assets. But how
many actually read and understand their insurance policies? The failure to read a policy is probably
not due to apathy but is more likely due to the complex nature of an insurance policy. Reading and
understanding an insurance policy is difficult for anyone other than those in the insurance industry.
The objective of this publication is to provide a general description of farm insurance and insurance
policies that will help a farmer understand policy provisions and review them with an insurance
professional. Our information is based on general knowledge as applicable to most policies, but every
situation and policy is different. It is important to work with an insurance professional and
periodically review a policy, including coverage limits, to ensure a farm operation is fully covered for
its potential risks.
Thank you to our reviewers
A special thank you to these insurance professionals for reviewing this publication:
Erin D. Cumings, CPCU, AFIS, API Cassandra Converse
Sr. Consultant, Sponsor Relations Converse and Associates, LLC
Nationwide Delaware, Ohio
1. Understanding a Farm Insurance Policy
An insurance policy is a legal contract between
an insurance company (the “insurer”) and the
person or business being insured (the “insured”).
The policy holds the insurer responsible for
paying the insured for eligible claims. The
contract requires the insured to meet certain
obligations such as timely reporting of claims.
Once the policy becomes active, both the insurer
and the insured are legally bound to the terms of
the policy. This legal obligation is present even if
the insured is unaware of some or all of the
terms of the policy. It is the obligation of the
insured to read and understand the policy.
1.1. Structure of an Insurance Policy
Most insurance policies contain these sections:
Declaration Page
Insuring Agreement
Definitions
Exclusions
Conditions
Endorsements
Schedule of Locations of Property
Declaration Page. The declaration page
identifies the individual or entity that is insured
under the policy and provides details about the
policy itself such as:
Risks or property covered
Policy limits
Policy deductibles
Time period policy is effective
List of policy forms
The Insuring Agreement. The insuring
agreement is a summary of the promises made
by the insurance company and states what is
covered and not covered under the policy. In the
insuring agreement section, an insurer promises
to pay for losses resulting from a covered cause
of loss (also known as a “peril”), provide certain
services in the event of a covered peril, or
defend an insured against a liability lawsuit.
Usually, the insuring agreement outlines a
policy’s broad scope of coverage, which is then
narrowed by exclusions and definitions.
Definitions. The definitions section includes any
definitions applicable to the specific policy.
Exclusions. The exclusions section specifically
lists what an insurance policy does not cover.
Exclusions include the property, act and/or
cause of loss that are not covered under a policy.
For example, a general liability policy may
exclude coverage for an intentional or illegal act
committed by the insured or damage caused by
flood, earthquake or even war. Also, many
policies now include exclusions for
communicable diseases following the COVID
epidemic.
Conditions. Conditions are provisions contained
within an insurance policy that can limit an
insurance company’s obligation to pay or
perform. The conditions usually place some type
of obligation on the insured that must be met
before the insurance company is obligated to
pay or cover a loss. If the conditions are not met,
an insurance company can deny a claim for
which coverage would otherwise have existed.
Common conditions within a policy include the
requirement to notify the insurance company of
any loss within a reasonable time, the duty to
cooperate with an insurance company’s
investigation or defense of a claim, or to allow
an insurance company to inspect any damaged
property before repairs begin.
Endorsements.
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Insurance companies usually
have a template insurance policy they use when
drafting an insurance policy for an insured. Thus,
it is common to find that your farm policy looks
like your neighbor’s policy. However, individuals
and business owners can modify the standard
provisions within an insurance policy by adding
endorsements. Endorsements are written
provisions that add, subtract, or modify the
provisions contained within the original
insurance policy. This allows policy holders to
tailor an insurance policy to ensure that the
unique needs or risks of the business are
covered. An endorsement is available for a wide
range of activities and assets.
Schedule of Locations of Property. The policy
will include a list of property locations where
insured assets are located. Each parcel owned
and operated by the farm should be included.
Failure to include all locations can result in a
denial of a claimed loss.
1.2. What Does a Typical Farm
Insurance Policy Cover?
Areas of Protection. A typical farm policy
includes the following areas of protection:
Liability
Home and contents
Farm personal property, sometimes
including equipment
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Endorsements are typically used to modify property
and liability insurance policies. The term “rider” is
often used to describe a modification of an
insurance policy but applies to life insurance policy
modifications.
Farm structures
Other additional coverages
A farm insurance policy typically covers both
farm assets and non-farm assets. Having all
assets covered under one policy, rather than
having separate policies for personal and farm,
is usually more convenient, less expensive, and
can eliminate confusion when a claim impacts
personal and farm property
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. Noticeably
absent from the above list are vehicles
(including ATV’s and UTV’s) and workers’
compensation. A separate policy is usually
issued for the coverage of these vehicles for
both liability and property loss. A separate
policy is usually issued if the farm is required
by state law to carry workers’ compensation
coverage.
Liability Coverage. Liability coverage protects
against most risks associated with the farm
operation such as bodily injury, medical
expenses and property damages caused by
accidents associated with the farming
operation. Also, and sometimes just as
importantly, the policy will cover attorney’s
fees associated with defending the liability
incidents.
Property Loss Coverage. A farm policy will
provide coverage for the loss of farm assets
due to a covered peril. Farm assets are
typically divided into two categories within the
policy: personal farm property (machinery,
grain, livestock) and farm structures. In the
event of damage or destruction of a farm asset
due to a covered peril, the insurance company
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Separate business policies may be required for
large-scale operations (i.e., large dairies), agritourism, or
unique exposures.
will pay some but not necessarily all of the
covered asset’s value to the farm operation.
1.3. Types of Coverage
Basic Coverage. A policy that provides basic
coverage is only going to cover the insured for
named perils. If an event that is not named in
the policy occurs, no coverage is provided.
Common perils often included in basic
coverage are:
Fire
Lightning
Windstorm or Hail
Explosion
Smoke
Vandalism
Aircraft or Vehicle Collision
Riot or Civil Commotion
Sinkhole Collapse
Each of these perils will also include
exceptions to coverage. For example, the
Vandalism coverage usually excludes any
buildings that have been vacant for more than
30 days. Again, any perils that are not
expressly provided for are not covered under a
basic coverage policy.
Broad Coverage. Broad coverage is more
expansive than basic coverage but is still
limited to only the named perils. This type of
coverage will include the perils identified in the
basic coverage plus additional named perils.
The additional perils covered by broad
coverage often include the following:
Burglary/Break-in damage
Falling Objects (like tree limbs)
Weight of Ice and Snow
Freezing of Plumbing
Accidental Water Damage
Artificially Generated Electricity
Accidental Tearing Apart
Loading/Unloading Accidents
Like basic coverage, the broad coverage perils
often include exceptions. An example of a
broad coverage exception is freezing of
plumbing may not be covered in a building
which does not maintain heat.
Special Coverage. Special coverage is the
most comprehensive coverage available.
Unlike basic and broad coverage, special
coverage includes everything except identified
exceptions. So, everything is covered unless
specifically exempted. Special coverage can
and will include many exceptions. For
example, special coverage will likely also
include an exclusion for vandalism in buildings
that have been vacant for 30 days. It is
important to know what exclusions apply to
the special coverage.
Incorporation of Basic, Broad, and Special
Coverage in The Insurance Policy. A policy
may include one or more of the different types
of coverages. For example, a policy may
include special coverage on all farm machinery
but broad coverage on all other personal
property. It is important to know what assets
are covered under which type of coverage. The
type of coverage is typically identified on the
declarations page. It is usually best to have
special coverage for the most comprehensive
coverage, but special coverage is also more
expensive than basic and broad coverage.
Weighing the additional cost of special
coverage versus the benefit of comprehensive
coverage provided is an important analysis to
be done for each insurance policy.
Environmental Coverage. Many standard
farm policies do not include coverage for
pollution, although pollution coverage can be
added with an endorsement to the policy.
Fertilizers, fuel, and manure are some of the
more common potential sources of pollution
for a farming operation. A pollution event can
occur when an agricultural pollutant is
accidentally discharged or released. Pollution
coverage will typically include liability coverage
for pollution cleanup costs and liability
coverage for claims of bodily injury and
property damage arising from a pollution
event. Because nearly every farm has the
potential for a pollution event, either adding
environmental coverage to the farm policy or
purchasing a separate pollution policy should
be strongly considered.
2. Obtaining and Maintaining a Farm Insurance
Policy
2.1. Choosing an Insurance Agent
and Carrier
An insurance agent is an important person on
a farmer’s management team. Selection of the
agent is important to ensure the insurance
policy meets the needs of the farm. The
insurance agent should have a good
understanding of agriculture and experience
working with farms. Additionally, the agent
should be able and willing to work with the
insurance carrier to build a policy for each
farm, not simply use the same template for
every farm. Each farm is unique, and the farm
insurance policy should be unique as well.
When interviewing prospective agents, be
sure to ask for their background and
experience with farms and consider asking for
referrals from other farmers.
The insurance agent can only design an
insurance policy to cover the farm activities
and farm assets that they know about. It is the
farm owner’s responsibility to inform the
insurance agent of how the farm operates,
who is involved with the farm, and the assets
owned by the farm. Consider inviting the
insurance agent to visit the farm to be sure
they have a good and full understanding of the
operations of the farm.
Each insurance agent works with one or more
insurance carriers. Several services provide
financial ratings of insurance carriers, and it is
worthwhile to know the rating of the carrier
you work with. Your agent should be able to
provide you with the financial rating as well.
The rating indicates the carrier’s ability to pay
claims, especially in times of large catastrophic
losses that can occur during a natural disaster.
Understanding your carrier’s rating is
important as the carrier has an ongoing
financial obligation to you. If the carrier is
unable to cover all claims in a natural disaster
or otherwise fails to meet its coverage
obligations, a farm covered by that carrier can
be at risk. Keep in mind that the same rating
can mean different things depending on the
service used. For example, an A+ score is the
second highest score for A. M. Best while an
A+ is the fifth best rating for Moody’s.
2.2. Cancellation of a Policy
A farm insurance policy can include several
reasons for cancellation, often more intricate
reasons than a typical homeowner’s policy
contains. When cancelling a policy, the
insurance carrier will mail a notice of
cancellation to the insured at least 30 days
before the effective termination date. This
notice period provides time for the insured to
obtain another insurance policy or correct
errors and maintain the current insurance. If a
policy is cancelled, a refund is usually issued to
the insured for any amount paid for a period
that will no longer be covered. Cancellation
rules and notification periods vary by state and
are mandated by the state’s Department of
Insurance.
Nonpayment of Premiums. The first reason
for cancellation is the most obvious one,
nonpayment of premiums. This is as simple as
it sounds. The insured must make timely
payments to continue to keep its insurance
policy in place and at work. Insurance carriers
are required to provide written notice to the
insured that premiums are past due and that
the policy will be cancelled if payment is not
made. The insured usually has the option to
pay the premiums monthly, quarterly, semi-
annually or annually.
Fraud and Reckless Omission. Other reasons
that a policy might be cancelled are connected.
One may be the discovery of fraud or material
misrepresentations in the information given to
obtain the policy. The other may be a reckless
omission of information given to obtain the
insurance policy. These two provisions cover
any incorrect information, usually provided by
the insured in an application form, which may
have been provided, intentionally or not, to the
insurance provider when procuring the policy.
An insurance company relies on the accuracy
and validity of the information they are
provided when deciding the appropriate
methods of coverage. It is necessary to ensure
that accurate information is transmitted to any
insurance provider.
Risk Profile. A policy can be cancelled due to
changes in an insured’s risk profile. The
insurance carrier issues a policy based on the
known risks attributable to the insured. If the
insured increases their risk exposure, the
insurance carrier may not be willing or able to
cover the additional risk exposure and cancel
the policy mid-term or non-renew the policy at
the expiration. An example provision in an
insurance policy may be something like “This
policy may be cancelled due to a substantial
change in the individual risk which increases
the hazard potential to the insurer unless the
change was reasonably foreseeable.” Similarly,
a policy may include cancellation language
such as “ This policy may be cancelled due to
any determination that the insurer determines
could create a condition that is hazardous to
the public.”
Compliance. If the insured fails to maintain
adequate compliance with the safety codes
applicable to a building or structure, the
insured party risks losing their coverage for the
building or structure.
Cancellation by Insured. An insured typically
has the right to cancel their policy at any time,
although some fees might apply. Generally,
cancellation by the insured will require the
individual to deliver notice to the insurance
company.
3. Dealing with a Loss or Claim
In the event of a property loss or a liability
incident, the insured and the insurance carrier
cooperate to determine the type of coverage
and the extent of coverage required by the
insurance policy. As a practical matter, an
insured is well-advised to thoroughly
document the loss event. This may include
written notes, pictures and/or retained
documents.
Notification. The insured should notify law
enforcement if any laws were broken in
causing the loss event. This notification should
be promptly followed by notice to the
insurance company and include a general
description of the events and the property that
is damaged. This notice does not usually need
to be in great detail, but a simple explanation
of how the damage occurred, when the
damage occurred, and what property was
damaged. Additionally, it is important for the
insured to take reasonable steps to protect the
property from further diminishing in value.
Essentially, the insured should not allow the
property to be completely destroyed if the
insured party can salvage any of the value.
Inventory. After notification is provided, the
duties and responsibilities of the insured are
not over. For a property loss, the insured party
should complete an inventory of the damaged
property. The inventory may include quantities,
costs, values, and the specific amount of loss
claimed. An inventory serves multiple
purposes. First, it causes the insured to
identify all property subject to loss and the
extent of the loss in an organized manner. An
inventory also provides a summary to the
insurance carrier so that the carrier may begin
the claim process more expeditiously. The
insurance provider will likely conduct an
investigation into the claimed loss and an
inventory will assist the carrier in its
investigation. Last, in the event the insured
disputes the insurance carrier’s determination
related to the loss, the inventory will make the
process of challenging the insurance carrier’s
payout easier.
4. Your Insurance Policy at Work
4.1. Property Loss Payout
Determinations
Obviously, insurance is obtained for the
financial protection it provides to the insured in
the event of a loss event. Thus, the amount
one receives from their insurance carrier is
likely one of the main considerations when
reviewing or shopping for a new policy.
Essentially, property insurance payouts are
calculated based on either the replacement
value method or the actual cash value
method.
3
These two payout methods create
the basis for the amount of money an insured
party will receive for their loss.
Replacement value means the cost to repair or
replace the Covered Property, at the time of
loss or damage, with materials of like kind and
quality, without deduction for deterioration,
depreciation, and obsolescence. Essentially, a
policy utilizing replacement value will pay the
smaller amount of restoring the items to their
condition at the time of damage or the cost of
replacing them with items of the same
condition. This method can provide a more
stable and higher amount of payout in certain
circumstances
4
.
3
If the insured and insurance company agree on a
payout amount, the agreed upon amount can be
used in lieu of the replacement value or cash value.
The other means of determining an insurance
payout is by using actual cash value. Because
most items depreciate over time, the amount
paid under this method is usually lower than
the replacement value method. Under the
actual cash value method, the insured will be
paid the value of the item’s depreciated value
rather than the amount it will cost to replace.
The difference between these two payout
methods is an important consideration when
analyzing insurance policies, especially with
the recent rise of inflation.
Consider the following example:
A new tractor purchased in 2020 for
$300,000 is now worth $200,000 due to
depreciation. The same model tractor, now
three-years-old, with similar hours, wear and
use is valued at $250,000. In this situation,
someone who has a replacement value
insurance policy would receive the $250,000
necessary to repurchase the same or similar
model. On the other hand, someone covered
under the actual cash value method would
only receive the $200,000 amount.
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For equipment, insurance carriers will sometimes
use replacement value only for newer items and
actual cash value for all other items.
The above example is a simple explanation of
the difference between replacement value and
actual cash value payouts. Keep in mind,
payouts are subject to deductibles and limits
that can make the payout differences more
nuanced. Be sure to work with your insurance
agent to determine the payout for specific
losses.
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An insurance policy will typically include a limit
on the payout. The insurance carrier includes
the limit to protect itself from unusually large
claims or unforeseen claims. For example,
using the above scenario, the insurance carrier
may have included a limit of $225,000 for the
payout. In that event, the owner would have
only received $225,000 for the payout rather
than the $250,000 for the replacement payout.
Limits to payouts are an important term in
insurance policies, be sure review the limits
carefully to ensure adequate coverage for farm
assets.
4.2. Co-Insurance
As stated earlier, a farm insurance policy is a
contract between the insured and the
insurance carrier. For the policy to be fair to
both parties, the insured must provide an
accurate inventory of the assets to be covered,
including values. The insurance carrier then
uses the inventory of assets and values to
calculate the premiums it must charge to carry
the insurance.
A policyholder may be tempted to suppress
the values of the assets in an attempt to keep
the premiums lower or, more likely, may not
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Determining Replacement Value can be a
complicated process as it is determined on a case-
by-case basis and depends on many different
keep up with the replacement value of
property. In either case, whether intentional or
not, the insurance carrier is put into an unfair
arrangement as it calculates premiums based
on undervalued assets.
Consider the following example:
Farmer bought a tractor five years ago for
$80,000. Farmer believes the tractor has
declined in value and includes a $60,000
value on his insurance policy. A similar
tractor today would cost $100,000. Farmer’s
insurance policy pays replacement value in
the event of damage or loss. The tractor is
lost in a fire. Farmer expects to be paid the
replacement value of $100,000.
In this scenario, Farmer may expect to be paid
$100,000 to replace the tractor, but he paid
premiums based on a $60,000 value. It would
be unfair to make the insurance carrier pay
$100,000 in replacement costs when it based
its premiums on a $60,000 tractor.
To avoid the scenario in the above example,
farm insurance policies include a co-insurance
provision. This concept is an agreement
between the insured and the insurance carrier
that a minimum amount of insurance must be
purchased to replace property in the event of a
loss. If the policyholder purchases less than
the specified percentage, the insurance carrier
is not required to payout the full replacement
value making the policy holder a “co-insurer.”
The insurance policy usually requires the
insured to purchase insurance on 80% - 100%
of the value of property. Co-insurance
factors. Be sure to review the Replacement Value
component of your farm insurance policy with your
insurance agent.
generally applies to outbuildings, dwellings,
and blanket farm personal property.
Consider the following example:
Using the same example as above, Farmer’s
co-insurance provision requires 80% coverage.
The tractor was only valued at 75% of the
replacement value so the co-insurance
provision in Farmer’s insurance policy is
triggered. The payout calculation for this loss is
as follows:
Tractor Replacement Value: $100,000
Co-insurance requirement: 80%
Required amount of insurance: $80,000
($100,000 x 80%=$80,000)
Actual insurance amount purchased $60,000
Actual insurance/required insurance: 75%
($60,000/$80,000 = 75%)
Required payout
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:
$75,000
($100,000 x 75% = $75,000)
As this example illustrates, Farmer did not
meet his obligation to buy insurance on at least
80% of the value of the tractor. Farmer
reported a value of $60,000 or 75% of the
value of the tractor. By not meeting the 80%
co-insurance requirement, Farmer triggered
the co-insurance provision and is therefore
partly responsible for the replacement cost.
Farmer becomes the co-insured for 25% of the
replacement value, the proportion that Farmer
undervalued the combine. If Farmer had
valued the tractor at $80,000 or higher, the
insurance carrier would have been required to
payout the full $100,000 for the loss. By
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Any deductible would also be deducted from
the payout.
undervaluing the tractor, Farmer forfeited
$25,000 of insurance payout.
Co-insurance is an important part of a farm
policy that most people have never heard of.
The co-insurance provision should be
reviewed with the insurance agent along with
the value of assets to ensure that full payouts
will occur in the event of a loss. It does no
good to discover that assets are valued too
low after a claim is submitted, any adjustments
in value to comply with the co-insurance
requirement must be done before there is a
loss.
4.3 Appealing Coverage
Determinations
After submitting a claim, the insurance carrier
will typically send a letter stating the extent of
the coverage or a denial of coverage. The
letter will also include instructions on how to
appeal the determination. If the insured does
not believe the coverage or denial
determination is correct, the insured can
appeal the determination. The notice of appeal
is sent to the insurance carrier and will initiate
the appeal process. Be sure to meet all
deadlines and follow the instructions for
appealing carefully. A missed deadline or a
misstep in filing the appeal can extinguish
appeal rights. The matter must typically be
appealed to the insurance carrier before taking
the matter to arbitration or litigation.
If the insurance carrier denies the appeal, then
litigation and/or arbitration may be the next
step. At this point, hiring an attorney is often
warranted. An attorney experienced in
working with matters related to insurance and
insurance carriers can provide valuable insight
and counsel in an insurance claim appeal.
Some policies may require arbitration to
resolve a dispute. Arbitration is a private
dispute resolution process where a person or
persons hear arguments from both parties
then issue a decision. Arbitration can be more
expeditious and less costly than litigation.
Matters taken to litigation are decided by a
court. Litigation may take longer and be more
expensive than arbitration but also may
provide more appeal rights.
In addition to appeals to the insurance carrier,
complaints about the conduct of insurance
carriers can be submitted to your state’s
Department or Bureau of Insurance. The
complaint should explain the matter in some
detail. Including photos or other supporting
evidence with the complaint is often a good
idea. The department will review the
complaint and, if warranted, conduct an
investigation into the matters provided by the
complaint. The department may reach out to
the carrier to encourage a resolution of the
matter identified in the complaint. All
insurance carriers conducting business in Ohio
are subject to the rules and regulations of the
Ohio Department of Insurance.
5. Unique Activities That May Not Be Covered by a
Farm Policy
Below is a list of activities and assets that may
not be covered by standard farm policies. Each
of these are a source of liability exposure.
Review the list and check any activities that
are involved with your farming operation. Then
provide the list to your insurance agent to be
sure your farm policy covers each activity or
asset.
Agritourism activities
Aircraft application of pesticides or
fertilizers (self or custom)
Aircraft for personal use
ATV, side x side, or recreational vehicle
Barns and structures not currently used
or in disrepair
Bed and breakfasts
Confined animal facilities
Custom application of pesticides or
fertilizer
Custom farm operations such as
planting or harvesting
Drones – scouting
Drones application of pesticides/seed
Embryos stored or in recipient animal
Exotic or non-domesticated animals
Farm markets
Farm stands
FFA and 4-H Projects
Freezer beef and meat
Hauling crops, goods or cargo for others
Holding products such as seed, hay, or
inputs for customers after payment
Horse boarding, riding, or training
services
Hunting leases or other paid
recreational uses
In-home businesses
Leasing buildings or structures to others
Livestock of others in your care, custody
or control
Manure digester and methane collection
Non-owned livestock
Off-premises use of ATV or recreational
vehicles
Oil and gas wells
Pesticide or fertilizer drift
Petting zoos
Pick-your-own activities
Ponds with docks or diving boards
Portable buildings or structures,
including greenhouses
Pulling tractor or truck
Purchased feed, seed, or inputs not
picked up or delivered
Radio or TV Antennas
Rental property
Rental of grain bins
Sale of “altered” food products such as
bratwurst or sausage blends
Sale or production of food or other
consumable goods
Show stock or high value livestock
Solar panels
Swimming pools
Tractor shows, parades, hayrides
Tours (paid or unpaid)
Using borrowed equipment
Using rented equipment
Unoccupied houses
Valuable refrigerated or frozen products
Valuable or important information on
computers
Watercraft
Wedding or event venues
Wind turbines
Wine or cider production including
tasting rooms
Website or online presence that collects
money or stores customer information
Your produce, grain, livestock or other
farm goods in transit
Conclusion
A farm insurance policy is a necessity for every
farming operation. While a complete and
thorough understanding of an insurance policy
is challenging for most policy holders, a basic
understanding of the policy can at least allow
for an opportunity to review the policy with the
insurance agent. Insurance policies can and
should be reviewed occasionally and
customized to each individual farming
operation. Almost any asset and activity can
be insured but the insurance agent and
insurance carrier must be aware of the activity
and asset. While this bulletin provides a
general overview of farm insurance policies, it
is no substitute for a comprehensive review of
the farm insurance policy with the issuing
insurance agent.