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tariff 201-C effective January 31, 1983, included provision 510
relating to filing of claims, which provided:
All claims for loss or damage to property transported
or accepted for transportation in interstate or
intrastate commerce must be in writing and must include
reference to the pickup record number and date or
copies of other documents sufficient to identify the
shipment involved; must assert liability of the carrier
for alleged loss or damage; must make claim for payment
of a specified or determinable amount of money; and
must be accompanied with a copy of the original invoice
or, if no invoice was issued, other proof, certified to
in writing, as to the value of the property or extent
of the damage. * * *
Under tariff provision 510, a shipper was required to assert that
petitioner was liable for the alleged loss or damages. Tariff
201-C also contained provision 520 limiting the time for filing
claims. Provision 520 provided:
As a condition precedent to recovery, claims must be
filed in writing with the carrier within nine months
after delivery of the property or, in case of failure
to make delivery, then within nine months after a
reasonable time for delivery has elapsed; and suits
shall be instituted against the carrier only within two
years and one day from the day when notice in writing
is given by the carrier to the claimant that the
carrier has disallowed the claim or any part or parts
thereof specified in the notice. Where claims are not
filed or suits are not instituted thereon in accordance
with the foregoing provisions, the carrier hereunder
shall not be liable, and such claims will not be paid.
Under provision 525, petitioner was required to promptly
investigate "each claim filed against [petitioner]". With
respect to disposition of claims, tariff 201-C provides:
"Carrier after receiving a written claim for loss or damage to
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