- 85 -
Pursuant to tariff provision 510, filing of claims, shippers
were required to allege in writing, among other things, that
petitioner was liable for the loss or damage. Pursuant to tariff
provision 520, time limit for filing claims, petitioner was
relieved of liability under its tariff if the shipper did not
file a claim with petitioner or institute a lawsuit against
petitioner within 2 years and 1 day from when petitioner notified
the shipper that the claim had been disallowed by petitioner.
Under this provision, shippers were required to bring an action
against petitioner in order to pursue their claims for damage or
loss of packages. Each of the above-mentioned provisions existed
in petitioner's tariffs before and during 1984. On the basis of
Federal law and the provisions that remained in petitioner's
tariffs, liability continued to arise under such tariffs in 1984.
Petitioner treated liability for loss or damages associated
with EVC's as arising from petitioner's tariffs in accordance
with Federal law. Upon commencement of a relationship with its
shippers, petitioner provided most shippers with a copy of
petitioner's service explanation. While the service explanation
referred to NUF and the Shippers Interest contract, petitioner
did not generally provide a copy of the Shippers Interest
41(...continued)
petitioner would in any event have remained liable to its
shippers for damage claims.
Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 NextLast modified: May 25, 2011