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B-247457 1 (1992-08-26)

handle is hein.gao/gaobadoel0001 and id is 1 raw text is: a - tMatter of: File: Data: National Forwarding B-247457 August 26, 1992 DIGEST Where agency easily could have discovered carrier's address despite the firm's failure to insert it on the form to which the agency 'was to refer in order to relay notice of damage to the shipment of a member's household goods, the agency improperly relied on the omission as the reason for not sending timely notice. As a resuit, the carrier is presumed not liable for the damage, DECISION National Forwarding Co. requests review of our Claims Group's settlement denying National's claim for refund of $462 set off from funds otherwise due the carrier for damage to an Arny member's household goods.' We reverse the settlement. The issue in this case involves notice to the carrier of the damage. A carrier is presumed liable for damage set out in a notice dispatched by the service to the carrier within 75 days of delivery. Here, the Army did not dispatch notice, which it received from the member a month after delivery, within 75 days because the carrier had not put its address in the name/address block on the form for reporting damage, DD Form 1840. Our Claims Group agreed with the Army that the omission excused the Army's failure to send notice, so that National was presumed liable. In requesting further review, National company name was in the address block; could have found the company's address; event, the notice could have been sent name and address were on the farm. points out that its that the Army easily and that, in any to its agent, whose We agree with National that the company's its address on the DD 1840 did not excuse failure to the Army's inc lude fai Iure 'The shipment moved under Personal Property Government Bill of Lading RP-137,671. e% ciJ. -C./. I4 qI U Co. a m ComptxoUer General ofthe United States WnhtnPwnh DC. 20848 Deciksion1

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