United Parcel Service of America - Page 101




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          contract to each of its shippers.  As a result of tariff                    
          requirements 510 and 520, rather than filing claims with NUF                
          under the Shippers Interest contract, shippers were required to             
          file a claim only "against" petitioner within a specific time in            
          order to be compensated for loss or damage.  Even at the point              
          when petitioner adjusted shippers' claims, petitioner does not              
          appear to have informed the shippers that NUF was the insurer of            
          the claim or that the shippers had any recourse against NUF.                
          Thus, shippers' claims were presented to and resolved by                    
          petitioner in accordance with the provisions of the tariff.                 
          Petitioner represented to its customers in its quarterly                    
          publications that petitioner was liable for lost or damaged                 
          packages.  In December 1983, petitioner's Roundups newsletter               
          informed its customers that petitioner's drivers would leave                
          packages without signatures at certain delivery locations.  In              
          the newsletter, petitioner assured its shippers that UPS would              
          continue to assume liability for lost and damaged packages up to            
          $100 or the declared value.  On the basis of the foregoing facts,           
          we find that after January 1, 1984, petitioner remained liable to           
          shippers who had declared a value in excess of $100.                        
               There still remains the question of whether the arrangement            
          with NUF and OPL sufficiently reduced petitioner's financial                
          exposure to be recognized as having economic substance.  The                
          Shippers Interest contract provided that NUF was not liable for             





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