This rule has been repealed.

(2)  The cost of cutting, pulling, binding or harvesting in any manner shall not be considered in measuring the extent of the loss, provided that payment of the loss be limited to not more than the estimated value of the damaged crop before the hail.

(3)  The value of the loss shall be based on the amount of hail insurance coverage purchased per acre.

(1) All crops authorized under 80-2-205, MCA, including the following, may be insured at any time through August 15.

alfalfa	alfalfa seed	barley	beans
camelina	canary seed	canola	chick peas
corn	flax	fruit	grass crops*
herbs	lentils	millet	mint
mustard	oats	peas	potatoes
rape	rye	safflower	sanfoin
sorghum	soybeans	speltz	sugar beets
sunflowers	triticale	truck crops	wheat
wheat grass
*does not include forage

(a) there will be no liability on grain until 75% of the plants are plainly jointed;

(b)  no liability is assumed on beans and peas until they show a practical stand;

(c)  no liability is assumed on any crops for loss or damage to blooms, leaves, or stems unless such loss or damage plainly reduces the quality or quantity of the production;

(d)  when loss or damage is sustained on immature crops the adjustment may be delayed until the extent of the damage may be more accurately determined; and 

(e)  no liability is assumed on mustard or flax until 75% of the plants are four inches tall, and on sugar beets until 75% of the plants have 12 or more leaves.

(1) Persons wishing to participate in the hail insurance program shall file a properly filled out and signed application with the Montana Department of Agriculture no later than August 15.

This rule has been repealed.

(1) When an application for reduction of premium is filed and approved, the rate on such crops withdrawn shall be computed in proportion to the time the insurance is in force, and in accordance with the maximum rate established for the zone in which said crops are growing.

spring crops		winter crops
Before July 6th inclusive	1/4 rate	Before June 17th	1/4 rate
Between July 6th and 12th	1/2 rate	Between June 17th and 23rd	1/2 rate
After July 12th	full rate	After June 23rd	full rate

(a) all growers in the counties adjoining the Canadian border; and

(b) those in other counties where the insured crops are growing at an elevation in excess of 3,500 feet above sea level.

(2) When any insured crop has been practically destroyed by other means than hail after the dates provided in ARM 4.4.309 Filing of Application For Reduction and Schedule, and (1) of this rule, the insured may apply to the state board of hail insurance for a reduction in the charge, but the requests for such reduction must be made before the grain is harvested. When the insured furnishes the required information proving the damage or destruction of the crop the state board of hail insurance may approve a reduction of the charge to not less than one-half the regular charge for the season.

(a) Loss payment shall be applied to outstanding policy premium (regardless of location in Montana) ; loss payment shall be applied to policy of loss first, remaining loss payment shall be applied to additional policies of record in descending order based on date of issuance.

(b) Policy holders will be identified by tax identification number. Policies having the same tax identification number will be considered the same entity and loss payment policies enacted accordingly.

(1) If the losses for any year exceed the premiums for that year plus the reserve fund, if any, then the payment on losses shall be prorated share-and-share-alike among all suffering loss by hail.

This rule has been repealed.

(a) The crops are headed, mowed, or harvested in any manner except that liability against damage by hail will continue in force on grain or any other crops which have been bound, shocked, or windrowed until the insured has had a reasonable time to complete harvesting or threshing.

(b) The insured neglects under favorable conditions to harvest the crops insured within a reasonable time after the grain is fully ripe.

(c) The insured makes application for cancellation or reduction of the current hail insurance levy on account of the alleged destruction of said crops by other means than hail.

(d) The crops are destroyed by other means than hail.

(1) A producer may request insurance for a crop that has already had hail damage if they comply with the following:

(a) the request must be made on a form furnished by the department;

(b) the form must be completed in full and signed;

(c) the first loss may not have more than a 25% loss caused by hail;

(d) no hail loss will be awarded on the crop until the fifth day after the previous damage.

(e) the insured producer shall be charged the regular maximum rate for insurance on the sound portion of the crop remaining after the first damage, and if the crop should later be totally destroyed, the producer will be paid the full amount of insurance as shown in the policy.

(1) The State Hail Insurance Program will pay the producer 100% of the payable amount when the adjuster shows by count that the loss is 90% or above.

(2) In the case where another insurance company is involved, the board reserves the right to make its own adjustment or have the final say in the settlement of the portion involving state hail insurance.