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petitioner intended to make permanent the practice of allowing
its drivers to leave packages at certain specified locations
without a signature. With respect to the delivery of packages
without the normal signature, petitioner stated the following in
its newsletter:
[Petitioner] also will continue to assume liability for
lost and damaged packages up to $100, or the declared
value. It might seem that leaving packages even in
safe places risks theft, weather damage, denial of
delivery or other types of losses. Actually, claims
for lost and damaged packages declined in Indiana and
Iowa where we've had the most experience with the
program.
On December 28, 1983, representatives of AIG and NUF signed
an insurance policy, entitled "Shippers Insurance"15 and numbered
IMB 9310977, on behalf of NUF which listed the name and address
of the insured as follows:
NAME AND ADDRESS OF INSURED
Shippers, Consignees, Customers or other interested
parties, as their interest may appear with regard to
parcels shipped via United Parcel Service of America,
Inc. and/or its subsidiaries as now or hereafter
constituted (herein after referred to as UPS)
643 West 43rd Street
New York, New York
The address listed under the name and address of the insured
served as petitioner's world headquarters. The contract was for
a term from January 1, 1984, until canceled. NUF issued the
15For reasons explained in our opinion, we will refer to the
agreement between petitioner and NUF as the Shippers Interest
contract.
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