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Insurer Notches Administrative Procedure Act Win
November 02, 2026

An insurer has prevailed on its claim that the government violated the Administrative Procedure Act (APA) by issuing a bulletin designed to put it out of business.

Brisk Insurance Services LLC supplies specialized software through approved insurance providers (AIPs) who sell crop insurance policies under the Federal Crop Insurance Act.  The Department of Agriculture’s Risk Management Agency (RMA) issued a bulletin effectively prohibiting Brisk’s business model.

Brisk challenged the bulletin under the APA. The U.S. District Court for the District of Columbia agreed with Brisk that the RMA’s adoption of the bulletin violated the APA. The court explained that the “bulletin was designed to end Brisk’s business, and RMA issued it without considering Brisk’s views.” The court found that “arbitrary and capricious.” It set the bulletin aside. In so doing, it noted that it took “no position on whether Brisk’s business model should be sustained in the federal crop insurance industry,” “[b]ut it is axiomatic that agency action must comport with the ADA, and RMA’s bulletin d[id] not.”

Brisk Insurance Services LLC v. Federal Crop Insurance Corp., No. 1:26-cv-00842 (D.D.C. July 29, 2026).
Authored By
Image: Brendan N. Gooley
Brendan N. Gooley
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