MASC Insurance: Appeals
As a client of the Manitoba Agricultural Services Corporation (MASC), you have the right to appeal your claim. This page provides information about what aspects of a claim are appealable, the appeal process and a clearl outline of the steps you must take to initiate an appeal.
All appeals are heard by an independent Appeal Tribunal, which is comprised of three individuals with agricultural experience, and who are totally independent from MASC.
The secretary of the Appeal Tribunal will set up a hearing at which time you can outline your concerns regarding the claim. The Appeal Tribunal may also assign their own adjustor to assess your claim and present his/her findings at the hearing.
Following the hearing the Appeal Tribunal deliberates in private and arrives at a ruling. The decision of the Appeal Tribunal is final and binding for both parties. You are advised of the outcome by mail.
Initiating an Appeal
There are two ways to initiate an appeal:
- Refuse to sign the claim
If you do not agree with the adjustor’s findings, you may refuse to sign the claim. A second adjustor will be assigned to reappraise the claim. The second adjustor is not provided with any details of the claim that would bias the appraisal. At this point you may accept the findings of the second adjustor by signing the relevant claim form. If you do not agree with the second adjustor’s appraisal and refuse to sign the claim a second time, you will be presented with a Notice of Appeal form to submit to the Appeal Tribunal within seven days.
- Appeal to the Appeal Tribunal after receiving your Calculation of Indemnity
If you initially agree with an adjustor’s appraisal, but then reconsider your decision when you receive your Calculation of Indemnity, you may still appeal your claim. To initiate a claim appeal, you must first contact your MASC insurance office and clearly state your desire to appeal within seven days of receiving your Calculation of Indemnity. A MASC representative will provide you with a Notice of Appeal form that must be completed and sent to the Appeal Tribunal.
Notice of Appeal
A letter and the Notice of Appeal form must be personally delivered or delivered by a delivery service that provides guaranteed delivery and proof of receipt to the Appeal Tribunal within seven days of the Notice of Appeal being signed. The letter must explain the reason for the appeal. Contact information for the Appeal Tribunal is found on the Notice of Appeal. A $50.00 cheque (which is refundable if your appeal is successful) must accompany the Notice of Appeal that is delivered to the Appeal Tribunal. The cheque must be payable to the Minister of Finance. A copy of the Notice of Appeal and letter sent to the Appeal Tribunal must also be delivered in the same manner and within the same time period to the MASC Corporate Insurance office. You will find the appropriate address on the Notice of Appeal form.
What is Not Appealable
It is important to note that not all decisions made by MASC are appealable. See the sections below for more information on what is not appealable.
- MASC’s refusal to pay because inadequate representative strips were left as required by the contract of insurance;
- Determination of production as it relates to carry over production, crop mixtures, grade guarantees, quality adjustments and inseparable seeds;
- A decision by MASC as to whether or not an insured person has destroyed acreage, destroyed plants or put acreage to an alternate use;
- The grade, dockage, moisture content and test weight assigned by MASC.
- A decision or determination made by MASC as it relates to dollar value amounts, grade guarantees for eligible agricultural products and quality adjustments applied by MASC in determining production loss.
- A refusal to make a crop compensation payment when the land the crop is seeded on is uninsurable under the provisions of the AgriInsurance program.
- A refusal to make a leafcutter compensation payment if the loss occurred between October 1st and May 1st of a crop year.
- A refusal to make a honey bee damage compensation payment if the loss occurred between December 1st and March 1st of a crop year.
- The claimant has breached the provisions of the wildlife regulation in any way.
Note: This document is only a summary. More information can be found in The Manitoba Agricultural Services Corporation Act, the Production Insurance Regulation and the AgriInsurance Contract of Insurance.