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B-261292 1 (1995-12-05)

handle is hein.gao/gaocrptacbo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: National Claims Services, Inc. File: B-261292 Date: December 5, 1995 DIGEST Where carrier disputes whether mildew damage to household goods exists and the severity of such damage based on its own inspector's report, it has not overcome other evidence in the file such as the member's statement, the report of the Army inspector and three independent estimates for repairs to various items which noted severe mildew damage. DECISION National Claims Services, Inc. (National), on behalf of National Forwarding Co., requests review of our Claims Group's settlement Z-2862672(35), dated March 30, 1995, which found that National was not due a refund of any portion of the $7,500 set off as a result of damages to a shipment of household goods of an Army member which moved under government bill of lading No. GP-420,432. The household goods were picked up from nontemporary storage in Rolla, Missouri, on June 3, 1991, and delivered to Fort Bragg, North Carolina, on June 25, 1991. Following the receipt and review of a Joint Statement of Loss or Damage at Delivery (DD Form 1840) and Notice of Loss and Damage (DD Form 1840R), the U.S. Army Claims Service paid the shipper member $9,946 in damages and requested a reimbursement from the carrier of $7,500. The lesser amount was assessed against the carrier in view of its contractual limitation (6,000 lbs x $1.25 = $7,500). National has disputed liability for many of the damaged items but the major category of damage was mildew damage. National continues to deny liability for 14 items which it contends did not have mildew damage or it was not as severe as the shipper and the Army contend. National sent its inspector to view the items a month after delivery and the inspector's report notes that certain items listed as mildewed showed no such damage, if there was mildew, it was not severe and in most cases could be wiped 1219124

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