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2008 Transportation and Contractual Decisions |
These 5 Board decisions involve a carrier's dispute over whether it is liable for transit loss or damage. They also include all kinds of quasi-contractual disputes which are settled under Section 3702 of title 31 of the United States Code. They do not include requests by carriers for review of the General Services Administration's transportation audit; the General Services Administration Board of Contract Appeals reviews such matters.
8/11/2008
1. The burden of establishing fraud rests upon the party alleging it, and must be proven by evidence sufficient to overcome the presumption of honesty and fair dealing. 2. A household goods carrier does not otherwise avoid or reduce its liability for transit loss or damage under the Personal Property Government Bill of Lading by merely asserting, without proof, that the member/shipper had a duty to advise it of his insurance coverage and/or of his claim against the insurer for the same loss or damage claimed against the carrier. 3. Absent a contractual agreement to the contrary, a household goods carrier cannot avoid or reduce its liability for transit damage based on sums paid to a shipper by a non-tortfeasor, collateral source, acting as an insurer to the shipper, for transit damage claimed by the shipper.
6/17/2008
Generally, we will not review a claim based on a theory of recovery which was not raised by the claimant until it filed a reconsideration request with this Office.
6/13/2008
1. When loss is not reported at delivery, a notice of later-discovered loss (usually the DD Form 1840R) timely dispatched to the carrier following delivery shall be accepted by the carrier as overcoming the presumption of correctness of the delivery receipt. 2. A carrier may be liable when the record shows that upon delivery an item is more damaged or damaged in a different way than the described pre-existing damage. 3. A carrier can be held liable for loss of an item when the inventory refers to this item and the notice of loss or damage refers to the same item, even though the inventory number cited on the notice of loss or damage is inconsistent with the number for the item in the inventory.
6/13/2008
1. When loss is not reported at delivery, a notice of later-discovered loss (usually the DD Form 1840R) timely dispatched to the carrier following delivery shall be accepted by the carrier as overcoming the presumption of correctness of the delivery receipt. 2. A carrier may be liable when the record shows that upon delivery an item is more damaged or damaged in a different way than the described pre-existing damage. 3. A carrier can be held liable for loss of an item when the inventory refers to this item and the notice of loss or damage refers to the same item, even though the inventory number cited on the notice of loss or damage is inconsistent with the number for the item in the inventory.
1/08/2008
Under the “last handler rule,” the presumption of liability for damage to goods transfers from the carrier to the warehouseman upon the conversion of the goods from storage-intransit (SIT) to permanent storage.