About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-228702 1 (1988-12-16)

handle is hein.gao/gaobadnip0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Continental Van Lines, Inc. - Loss and Damage Matter of: Claim File: B-228702 Date: December 16, 1988 DIGEST A timely notice of loss or damage to a carrier need not contain specific, itemized exceptions to a delivery receipt in order for a subsequent, detailed claim to establish a prima facie case of liability against the carrier. Where the Navy identifies lost articles of household goods with specific, line-item numbers corresponding to the Descriptive Inventory produced by the carrier at the origin of the shipment, flaws in the government's claims process and minor discrepancies in the manner in which the claim is presented to the carrier do not defeat the prima facie case of carrier liability. Thus, the denial of a carrier's claim for refund of an amount the Navy set off for loss and damage is sustained. DECISION Continental Van Lines, Inc. appeals our Claims Group's settlement which denied the carrier's claim for refund of $91.80, an amount set off by the Department of the Navy from funds otherwise due Continental to recover for the loss of six items of household goods belonging to Specialist Nina S. Barili.1/ We sustain our Claims Group's denial of the claim. BACKGROUND When Continental delivered the household goods on March 19, 1982, at the Naval Submarine Base, New London, Connecticut, the service member was not at the destination. Her agent did not report any missing items and noted that the carrier did not perform any unpacking. Three days later the service 1/ The carrier's claim was disallowed by Settlement Certificate Z-2817671(11) on July 16, 1987. The shipment was tendered on Government Bill of Lading AP-597007. O44 I ( /V37

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most