- 26 - As of November 1983,14 petitioner's service explanation stated: Unless a greater value is declared in writing on the pickup record, the shipper declares the released value of each package or article not enclosed in a package, to be $100. For each $100 or fraction thereof of value per package or article not enclosed in a package, in excess of $100, an additional charge, as stated on the current rate chart, applies. Except if otherwise directed by the shipper, the carrier will remit excess valuation charges to National Union Fire Insurance Company of Pittsburgh, PA as a premium for excess valuation cargo insurance for the shipper's account and on its behalf. When the carrier does so, claims for loss of or damage to the shipper's property will be filed with and settled by the carrier on behalf of the insurance company. In the event that the insurance company fails to pay any claim for loss of or damage to the shipper's property under the terms of its policy, the carrier will remain liable for loss or damage within the limits declared and paid for. Shippers Interest Policy IMB9310977 is available for inspection at the office of the carrier. Claims not made within nine months after receipt by the carrier of the merchandise shall be deemed waived. In December 1983, petitioner circulated to its shippers an edition of its quarterly newsletter entitled "Roundups". Within the December Roundups, petitioner informed its shippers that 14This service explanation was used throughout 1984. Petitioner's service explanations, as revised in 1986 and 1988, contained similar wording. These revisions both stated that petitioner remained liable for loss or damage. However, the 1986 and 1988 revised service explanations state that petitioner "may" remit EVC's to NUF as opposed to the "will remit" language in the above excerpt. We note that the "may remit" language of the 1986 and 1988 revisions is the same language used in petitioner's tariff. We also note that the "will remit" language in the November 1983 service explanation could not have been effective in 1983 since the NUF contract itself does not purport to apply before January 1984.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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