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Hay Bale Fires

Hay that is baled too wet can heat up on its own and burst into flames days or weeks later. The fire can take the hay, the barn, equipment, and livestock. If your insured baled and stored their own hay, it is usually an accident with no recovery. If someone else baled it, sold it, stored it, or rented the barn, there may be a recovery.

What it coversWet baling, moisture and heat limits, custom balers, hay sellers, farm renters

Step-by-step checklist

Identify

Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
Make sure no evidence is touched or moved until the expert has secured the scene
Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
Find out who cut, baled, and stored the hay, and when
Ask if the hay was bought, and from whom
Ask if a tenant or farm renter used the barn

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

Notify the custom baler, hay seller, tenant, or storage owner
Ask each party for their insurance information

Investigate

Get the fire department report and the origin and cause report
Get baling dates, moisture readings, and any sales contract
Save samples of any unburned hay from the same cutting

Demand, negotiate, and settle

Send the demand packet
Follow up, then send the second demand if needed
Review the release, pay the deductible, and close

1. Identify

How these fires start

Hay baled too wet: fire risk rises at 20% moisture or more in small bales and over 18% in large bales
Heat builds inside the stack. Around 130°F, flammable gases can form
At 175°F or higher, a fire is close. Call the fire department before moving any bales
Most of these fires happen within about 6 weeks of baling
Wet hay stacked tight in a closed barn with no airflow
Roof leaks or flooding that soaked stored hay

Is there anyone to recover from?

What you find	Who may be responsible
Your insured cut, baled, and stored their own hay	Usually no recovery
A custom baler baled it for your insured	The custom baler
The hay was bought and delivered wet	The hay seller
A tenant or farm renter stored hay in the barn	The tenant or renter
Hay was stored at someone else's barn	The storage owner, if they handled it
A roof leak soaked the hay after a recent repair	The roofer

2. Notify and investigate

Evidence checklist

Photos of the barn and the stack, before anything is moved
Fire department report and the origin and cause report
Baling dates, weather at baling, and any moisture meter readings
Custom baling invoice or hay sales contract
Farm lease or barn rental agreement
Samples of unburned hay from the same cutting
Statements from the baler, seller, and anyone who moved the hay

3. Demand, negotiate, and settle

Liability theories: negligent baling, breach of contract or warranty on the hay sold, negligent storage, and breach of the lease.

Defenses to expect

Defense	How to answer it
The owner stored it wrong	Show who stacked it and how. If the baler or seller delivered it wet, storage does not fix wet hay.
The hay was dry when it left	Ask for their moisture readings. Most balers do not take any.
Weather caused it	Show the baling dates and the weather. Baling after rain is a choice.
The lease puts fire risk on the owner	Read the lease. Many require the tenant to carry insurance.

4. Letters for this loss

Step	Letter
Identify	Subrogation Opening Letter to Insured
Notify	Notice of Subrogation Interest and Insurance Request, to Adverse Carrier
Investigate	Evidence Preservation and Joint Scene Exam Notice
Demand	Subrogation Demand to Adverse Carrier
Negotiate	Second Demand with Escalation Notice
Settle	Release Review Checklist, Deductible Reimbursement

Related guides: Mower and Hot Equipment Fires, and Wildfires.