32 C.F.R. § 537.5 Applicable Law
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through November 30, 2023 |
(a)
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(1) Most recovery assertions are based on the
negligence or wrongful acts or omissions of the person or entity that caused
the loss. These actions or omissions must constitute a tort as determined by
the law of place of occurrence, except in no-fault jurisdictions where the
no-fault law permits recovery. Where the tort is not complete within the
jurisdiction where it originally occurred, the law of the original jurisdiction
is nevertheless applicable. For example, if a plane crashes in Virginia due to
the negligence of a Federal Aviation Administration controller in Maryland
Maryland law determines the extent and nature of the tort. However, as to what
law of damages is applicable, Maryland or Virginia depecage (choice of law)
theory may apply. For example, if the flight originated in Indiana and the
destination was Virginia, the conflict law of both Maryland and Virginia must
be applied. See DA Pam 27-162, paragraph 2-35.
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(2) Recovery assertions based on the United
States being a third-party beneficiary or subrogee are not based on tort, but
on the right to recover under local law, for example, the right of a third
party to recover workers' compensation benefits is based on local law. However
the right of a third-party beneficiary to recover under an insurance contract
may turn on whether an exclusionary clause is valid under the law of the
jurisdiction where the contract was made.
(b)
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(1) Federal law determines when a recovery
assertion must be made. Assertions for the value of medical expenses, lost
military pay or property loss or damage based on a tort must be made not later
than three years from the date of accrual
28 U.S.C
. The date of accrual
is usually the date of the occurrence giving rise to the recovery, for example
the date of injury or death for medical expenses and lost military pay or the
date of damage or loss for a government property assertion. There are
exceptions. For example, the loss of property in rightful possession of another
accrues when that person claims ownership or converts the property to his own
use. 2415(b)
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(2) Recovery assertions based
on an implied-in-law contract against a no-fault or...
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