[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR25.109]

[Page 93-94]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 25--CLAIMS--Table of Contents
 
                           Subpart A--General
 
Sec. 25.109  Insurance and other subrogated claims.

    (a) The claims of an insured (subrogor) and an insurer (subrogee) 
for damages arising out of the same incident constitute a single claim. 
The total award of combined claims may not exceed the monetary 
jurisdiction of the settlement authority. If the total award of the 
combined claims exceeds, or is expected to exceed, a settlement

[[Page 94]]

authority's limits, the settlement authority is not permitted to 
consider either, and the claim file will be forwarded to an appropriate 
settlement authority.
    (b) An insured (subrogor) and an insurer (subrogee) may file a claim 
jointly or separately. If the insurer has fully reimbursed the insured, 
payment will only be made to the insurer. If separate claims are filed, 
the settlement will be made payable to each claimant to the extent of 
that claimant's undisputed interest. If joint claims are filed, the 
settlement will be sent to the insurer.
    (c) Each claimant shall include with a claim, a written disclosure 
concerning insurance coverage including:
    (1) The names and addresses of all insurers;
    (2) The kind and amount of insurance;
    (3) The policy number;
    (4) Whether a claim has been or will be presented to an insurer, 
and, if so, the amount of that claim; and whether the insurer has paid 
the claim in whole or in part, or has indicated payment will be made.
    (d) Each subrogee shall substantiate an interest or right to file a 
claim by appropriate documentary evidence and shall support the claim as 
to liability and measure of damages in the same manner as required of 
any other claimant. Documentary evidence of payment to a subrogor does 
not constitute evidence of liability of the United States or conclusive 
evidence of the amount of damages. The settlement authority makes an 
independent determination on the issues of fact and law based upon the 
evidence of record.
    (e) An insurance or other subrogated claim is not payable under 
Subpart E, F, or G of this part.