[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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, DEPARTMENT OF HOMELAND 

                                SECURITY

 

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.