[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: 33CFR25.405]



[Page 101]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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;

    (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]