[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR25.109]



[Page 95]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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 

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.