[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR180.106]

[Page 43-44]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 180--EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents
 
Sec. 180.106  Claims involving carriers and insurers.

    (a) Claimants must comply with the following before presenting 
claims involving a carrier or insurer:
    (1) Whenever property is damaged or lost while being shipped 
pursuant to authorized travel orders, the owner must file a written 
claim for reimbursement with the carrier according to the terms of its 
bill of lading or contract before submitting a claim against the 
Government. The claimant may present a claim to the Government 
immediately after making demand on the carrier.
    (2) Whenever property which is damaged or lost incident to the 
claimant's service is insured in whole or in part,

[[Page 44]]

the claimant must make a written demand against the insurer for 
reimbursement under the terms and conditions of the insurance coverage. 
Such demand should be made within the time limit provided in the policy 
and prior to the filing of a claim against the Government. The claimant 
may present a claim to the Government immediately after making demand on 
the insurer.
    (b) If the claimant fails to make the required demand on the carrier 
or insurer or make reasonable efforts to collect the amount recoverable, 
the amount payable under the provisions of these regulations shall be 
reduced by the maximum amount recoverable. However, no deduction will be 
made if the circumstances of the claimant's service were such as to 
preclude timely filing of the claim with the carrier or insurer and it 
is determined that a demand would have been impracticable or unavailing 
in any event.
    (c) When a claim is paid by OPM, the claimant will assign to the 
United States, to the extent of any payment on the claim accepted by 
claimant, all rights, title, and interest in any claim against any 
carrier, insurer, or other party arising out of the incident on which 
the claim against the United States is based. On request, the claimant 
also will furnish such evidence as may be required to enable the United 
States to enforce the claim.
    (d) After payment of a claim by the United States, if the claimant 
receives any payment from a carrier, contractor, insurer, or other third 
party, the claimant will pay the proceeds to the United States to the 
extent of the payment received by the claimant from the United States.