- 87 - 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...)Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
Last modified: May 25, 2011