- 27 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011