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Title 32: National Defense
Subtitle A: Department of Defense (Continued)
CHAPTER VI: DEPARTMENT OF THE NAVY
SUBCHAPTER E: CLAIMS
PART 751: PERSONNEL CLAIMS REGULATIONS
Subpart B: Demand On Carrier, Contractor, or Insurer
751.22 - Carrier recovery: In general.
(a) Responsibility. Recovery of amounts due for personal property lost or damaged while in transit or in storage at Government expense is a joint Personal Property Office/Naval Legal Service Office responsibility. In order to establish liability and to effectively pursue a recovery claim against a carrier, warehouseman, or other third party, it is essential that all required action be accomplished in an expeditious manner. Failure of the property owner or any Government agent to exercise diligence in the performance of duties may render collection of the claim impossible and thereby deprive the Government of rightful revenue. Claims approving and settlement authorities will ensure that all actions required of the property owner and naval personnel are accomplished promptly.
(b) Elements of collection. There are four elements in the successful assertion and collection of a recovery claim. They are:
(1) Proving that a transit loss occurred;
(2) Determining who had responsibility for the goods at the time of the transit loss;
(3) Calculating the amount of damages; and
(4) Pursuing the responsible party or parties vigorously.
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