Miller v. Ill. Department of Agriculture

This case presents question as to whether trial court, in affirming order of Director of Department of Agriculture, properly found that plaintiff-grain producer was not entitled to compensation from Grain Insurance Fund, under circumstances where licensed grain dealer failed to pay for grain delivered to dealer. Record showed that plaintiff and dealer entered into “price later contract,” and issue on appeal was whether Director and trial court properly found that neither delivery of grain or pricing of grain occurred within 160 days of dealer’s failure to pay plaintiff. Director concluded that: (1) because plaintiff and dealer failed to enter into price later contract until March 15, 2016, plaintiff’s grain had been priced as matter of law on February 26, 2016, which was 30 days after last grain subject to said contract has been delivered to dealer; and (2) February 26, 2016 was more than 160 days from dealer failure to pay plaintiff. Appellate Court, in reversing trial court, found that plaintiff was entitled to compensation from Grain Insurance Fund, where plaintiff signed purchase confirmation on June 6, 2016 and thus, pricing occurred at that time, which was within 160 days of dealer’s failure to pay plaintiff for his grain.