United Parcel Service of America - Page 99




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          liability for declared value in excess of $100.  In order to                
          evaluate this alleged business purpose, we will look to whether             
          petitioner actually transferred or reduced its liability to                 
          shippers in any meaningful sense.  In other words, did the                  
          rearranged EVC activity have any real economic impact on                    
          petitioner?                                                                 
               In 1983, petitioner supplemented tariffs filed with the ICC            
          on behalf of UPS-New York and UPS-Ohio.  Supplement provision               
          540-A to the tariffs provided that petitioner "may" remit excess            
          valuation charges to an insurance company as a premium for excess           
          valuation cargo insurance on the shipper's behalf.  However,                
          supplement provision 540-A also stated that in the event that the           
          insurance company failed to pay any claim for loss or damage to             
          the shipper's property under the policy, petitioner would remain            
          liable for any loss or damage within the limits declared and paid           
          for.41                                                                      


               41Petitioner's service explanation also states that if NUF             
          fails to pay any claim for loss of or damage to the shipper's               
          property, petitioner will remain liable for loss or damage within           
          the declared limits of the Shippers Interest contract.                      
               The Shippers Interest contract document specifically lists             
          the shippers under the "name and address of insured".  However,             
          the contract document also lists the address of the insured to be           
          that of petitioner's world headquarters.  Under the cancellation            
          provision of the Shippers Interest contract, either petitioner or           
          the "Named Insured" could terminate the contract.  Thus,                    
          petitioner had the power to cancel the insurance policy that                
          petitioner alleges was between its shippers and NUF.  Of course,            
                                                             (continued...)           




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Last modified: May 25, 2011