[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: 33CFR25.405]

[Page 99-100]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 25--CLAIMS--Table of Contents
 
                       Subpart D--Military Claims
 
Sec. 25.405  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;

[[Page 100]]

    (c) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent, or claimant's employee, unless 
comparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, Longshoremen's and Harbor Workers' Compensation Act, or any other 
system of compensation where contribution is made or insurance premiums 
paid directly or indirectly by the United States on behalf of the 
injured employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort Claims 
Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim 
falling within the exception contained in 28 U.S.C. 2680 (b) is payable 
when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed in 
writing before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while in 
the possession of the Postal Service;
    (j) Is for rent, or other payments involving the acquisition, use, 
possession, or disposition of real property or interests therein by and 
for the Coast Guard except as provided in Sec. 25.403(a);
    (k) Is for the taking of private property by trespass except for 
actual physical damage; or
    (l) Is for personal injury or death of a member or civilian employee 
of the armed services of the U.S. whose death or injury was incident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25218, July 6, 1987]