United Parcel Service of America - Page 42




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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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