[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR34.9]



[Page 110]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 34_CLAIMS FILED UNDER THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES 

ACT--Table of Contents

 

Sec.  34.9  Claims involving carriers or insurers.



    (a) Carriers. (1) If property is damaged, lost or destroyed while 

being shipped pursuant to authorized travel orders, the owner shall file 

a written claim for reimbursement against the carrier no later than nine 

months from the date of delivery or should have been made according to 

the terms of the contract. It shall be filed before or concurrent with 

submitting a claim against the government under this part.

    (2) The demand shall be made against the responsible carrier if more 

than one contract was issued, a separate demand shall be made against 

the last carrier on each such document, unless claimant knows which 

carrier was in possession of the property when the damage or loss 

occurred.

    (b) Insurers. (1) If property which is damaged, lost, or destroyed 

incident to the claimant's service is insured in whole or in part, the 

claimant shall inform the Claims Officer whether a claim was made with 

the insurance carrier.

    (2) The claimant shall inform the claims officer if he or she 

received a reimbursement from the insurance carrier for the item that 

was damaged or lost. The exact amount of the reimbursement must be 

reported.

    (3) If the claimant receives a reimbursement for the lost or damaged 

property from an insurance carrier, the maximum amount that can be 

recovered from the Department is the difference between an appropriate 

award under this regulation and the amount recovered from the insurance 

carrier. The claimant is responsible for submitting to the Department 

documentation that identifies the exact amount of the reimbursement.