United Parcel Service of America - Page 102




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          the first $100 of value, and in no event did NUF's liability                
          exceed the declared value of a shipper's package.  The Shippers             
          Interest contract also provided that if petitioner's liability              
          for loss or damage to a shipper's package was covered by another            
          insurance policy, then NUF would not be liable for the amount               
          covered by petitioner's other insurance policy.  Other insurance            
          did exist.                                                                  
               Throughout 1984, petitioner maintained an insurance policy             
          with Affiliated FM Insurance Co. (AFM policy) that covered                  
          petitioner's liability for loss or damage to shipper's                      
          packages.42  Petitioner paid annual installment premiums of                 
          $356,945 of which $86,820 was allocated to property value related           
          to parcels in transit.  Under the policy, $86,820 of annual                 
          premium provided coverage for an average daily parcel value of              
          $354,369,000.  The AFM policy provided for a $25,000 deductible             
          to all loss claims arising out of a loss occurrence.                        
               To the extent that other insurance did not exist, the                  
          Shippers Interest contract generally did not limit claims to any            
          maximum amount per loss occurrence.43  The AFM policy covered               


               42Petitioner's purchase of the AFM policy and its operation            
          effect of covering "petitioner's liability" for packages shipped            
          during 1984 is inconsistent with petitioner's argument that it              
          had no such liability to shippers after Jan. 1, 1984.                       
               43With respect to packages sent "UPS 2nd day Air" or "UPS              
          next day air", the Shippers Interest contract limited NUF's                 
                                                             (continued...)           




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