24 C.F.R. § 17.3

Administrative claim; who may file

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(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

Notes of Decisions

Cited in 4 cases, 1974–1983 · leading case: Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975).

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Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975). · cites it 5× “3 (a); 24 C.F.R. § 17.3 (a); (3) and set forth the amount claimed in sum certain with respect to each item of property, 28 C.”

Evans v. Arizona Dept. of Corr., 678 P.2d 506 (Ariz. Ct. App. 1983). “24 C.F.R. § 17.3 ; 28 C.F.R. § 14.3 . Since the FTCA constitutes a waiver of sovereign immunity its procedures are strictly construed.”

Commonwealth of Pa. v. Nat'l Ass'n of Flood Insurers, 378 F. Supp. 1339 (M.D. Penn. 1974). “The Margulies reply informed Denenberg first that: “Under identical regulations of both this Department and the Department of Justice (24 CFR 17.3(a) and (e) and 28 CFR 14.3(a) and (e), respectively), you have no standing to file this claim.”

Evans v. Arizona Dep't of Corr., 678 P.2d 506 (Ariz. Ct. App. 1983). “24 C.F.R. § 17.3 ; 28 C.F.R. § 14.3 . Since the FTCA constitutes a waiver of sovereign immunity its procedures are strictly construed.”

— 24 C.F.R. § 17.3(a) — 1 case

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