The growers took the dispute to arbitration, as the policy’s Paragraph 20 required. According to the complaint, the arbitrator’s amended award found that each plaintiff filed his own FSA-578 forms, kept his own tobacco contracts, sales receipts and soybean receipts, and signed his own assignments of indemnity. The arbitrator also found, the filing states, that Hudson “did not review or rely on any of the above documents” before deciding each grower had only a 50 percent insured share, did not produce those documents in discovery, and put on no witness with personal knowledge of how the decision was actually made. The arbitrator concluded Hudson had underpaid the two men a combined $126,322, plus interest.
