[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR11.74]

[Page 134-135]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 11--CLAIMS--Table of Contents
 
                 Subpart D--Personnel Claims Regulations
 
Sec. 11.74  Claims not allowed.

    (a) A claim is not allowable if:
    (1) The damage or loss was caused wholly or partly by the negligent 
or wrongful act of the claimant, claimant's agent, claimant's employee, 
or a member of claimant's family;
    (2) The damage or loss occurred in quarters occupied by the claimant 
within the 50 states and the District of Columbia that were not assigned 
to the claimant or otherwise provided in-kind by the United States;
    (3) Possession of the property lost or damaged was not incident to 
service or not reasonable or proper under the circumstances.
    (b) In addition to claims falling within the categories of paragraph 
(a) of this section, the following are examples of claims which are not 
payable:
    (1) Claims not incident to service. Claims which arose during the 
conduct of personal business are not payable.
    (2) Subrogation claims. Claims based upon payment or other 
consideration to a proper claimant are not payable.
    (3) Assigned claims. Claims based upon assignment of a claim by a 
proper claimant are not payable.
    (4) Conditional vendor claims. Claims asserted by or on behalf of a 
conditional vendor are not payable.
    (5) Claims by improper claimants. Claims by persons not designated 
in Sec. 11.71 are not payable.
    (6) Articles of extraordinary value. Claims are not payable for 
valuable or expensive articles, such as cameras, watches, jewelry, furs, 
or other articles of extraordinary value, when shipped with household 
goods or as unaccompanied baggage (shipment includes storage). This 
prohibition does not apply to articles in the personal custody of the 
claimant or articles properly checked, provided that reasonable 
protection or security measures have been taken, by the claimant.
    (7) Articles acquired for other persons. Claims are not payable for 
articles intended directly or indirectly for persons other than the 
claimant or members of the claimants' immediate household. This 
prohibition includes articles acquired at the request of others and 
articles for sale.
    (8) Property used for business. Claims are not payable for property 
normally used for business or profit.
    (9) Unserviceable property. Claims are not payable for wornout or 
unserviceable property.
    (10) Violation of law or directive. Claims are not payable for 
property acquired, possessed, or transported in violation of law, 
regulation, or other directive. This does not apply to limitation 
imposed on the weight of shipments of household goods.
    (11) Intangible property. Claims are not payable for intangible 
property such as bank books, checks, promissory notes, stock 
certificates, bonds, bills of lading, warehouse receipts, baggage 
checks, insurance policies, money orders, and traveler's checks.
    (12) Government property. Claims are not payable for property owned 
by the United States unless the claimant is financially responsible for 
the property to an agency of the Government other than FEMA.
    (13) Motor vehicles. Claims for motor vehicles, except as provided 
for by Sec. 11.73(c)(3), will ordinarily not be paid. However, in 
exceptional cases, meritorious claims for damage to or loss of motor 
vehicles, limited to a maximum of $1,000.00, may be recommended to the 
Office of General Counsel for consideration and approval for payment.
    (14) Enemy property. Claims are not payable for enemy property, 
including war trophies.
    (15) Losses recoverable from carrier, insurer or contractor. Claims 
are not payable for losses, or any portion thereof, which have been 
recovered or are recoverable from a carrier, insurer or under contract 
except as permitted under Sec. 11.75.

[[Page 135]]

    (16) Fees for estimates. Claims are not normally payable for fees 
paid to obtain estimates of repair in conjunction with submitting a 
claim under this subpart. However, where, in the opinion of the 
adjudicating authority, the claimant could not obtain an estimate 
without paying a fee, such a claim may be considered in an amount 
reasonable in relation to the value for the cost of repairs of the 
articles involved, provided that the evidence furnished clearly 
indicates that the amount of the fee paid will not be deducted from the 
cost of repairs if the work is accomplished by the estimator.
    (17) Items fraudulently claimed. Claims are not payable for items 
fraudulently claimed. When investigation discloses that a claimant, 
claimant's agent, claimant's employee, or member of claimant's family 
has intentionally misrepresented an item claimed as to cost, condition, 
costs to repair, etc., the item will be disallowed in its entirety even 
though some actual damage has been sustained. However, if the remainder 
of the claim is proper, it may be paid. This does not preclude 
appropriate disciplinary action if warranted.
    (18) Minimum amount. Loss or damage amounting to less than $10.