[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR751.26]

[Page 434]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 751_PERSONNEL CLAIMS REGULATIONS--Table of Contents
 
           Subpart B_Demand On Carrier, Contractor, or Insurer
 
Sec. 751.26  Demand on carrier, contractor, or insurer.

    (a) Carrier. When property is lost, damaged, or destroyed during 
shipment under a GBL pursuant to authorized travel orders, the claims 
investigating officer or adjudicating authority (whichever can more 
efficiently perform the task) shall file a written claim for 
reimbursement with the carrier according to the terms of the bill of 
lading or contract. This demand shall be made against the last carrier 
known to have handled the goods, unless the carrier in possession of the 
goods when the damage or loss occurred is known. In this event, the 
demand shall be made against the responsible carrier. If it is apparent 
the damage or loss is attributable to packing, storing or handling while 
in the custody of the Government, no demand shall be made against the 
carrier.
    (b) Marine Corps claimants. For Marine Corps claimants, the claims 
investigating officer will prepare the claim against the carrier, 
contractor, and/or insurer and will mail it (together with the DD Form 
1842 claim package) to the Commandant of the Marine Corps (MHP-40), who 
will submit and assume the responsibility of monitoring the claim 
against the carrier.
    (c) NTS warehousemen. Whenever property is lost, damaged, or 
destroyed while being stored under a basic agreement between the 
Government and the warehouseman, the claims investigating officer, or 
appropriate Naval Legal Service Command (NLSC) activity, shall file a 
written claim for reimbursement with the warehouseman under the terms of 
the storage agreement.
    (d) Insurer. When the property lost, damaged, or destroyed is 
insured, the claimant must make a demand against the insurer for payment 
under the terms of the insurance coverage within the time provided in 
the policy. If the amount claimed is clearly less than the policy 
deductible, no demand need be made. Failure to pursue a claim against 
available insurance will result in reducing the amount paid on the claim 
by the amount which could have been recovered from the insurer. When an 
insurer makes a payment on a claim in which the Government has made a 
recovery against the carrier or contractor, the insurer shall be 
reimbursed a pro rated share of any money recovered.