C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER A—GENERAL RULES AND REGULATIONS › PART 1005—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE

49 C.F.R. § 1005.4

Investigation of claims

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Prompt investigation required. Each claim filed against a carrier in the manner prescribed herein shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim.

(b) Supporting documents. When a necessary part of an investigation, each claim shall be supported by the original bill of lading, evidence of the freight charges, if any, and either the original invoice, a photographic copy of the original invoice, or an exact copy thereof or any extract made therefrom, certified by the claimant to be true and correct with respect to the property and value involved in the claim; or certification of prices or values, with trade or other discounts, allowance, or deductions, of any nature whatsoever and the terms thereof, or depreciation reflected thereon; Provided, however, That where property involved in a claim has not been invoiced to the consignee shown on the bill of lading or where an invoice does not show price or value, or where the property involved has been sold, or where the property has been transferred at bookkeeping values only, the carrier shall, before voluntarily paying a claim, require the claimant to establish the destination value in the quantity, shipped, transported, or involved; Provided, further, That when supporting documents are determined to be a necessary part of an investigation, the supporting documents are retained by the carriers for possible Board inspection.

(c) Verification of loss. When an asserted claim for loss of an entire package or an entire shipment cannot be otherwise authenticated upon investigation, the carrier shall obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source.

[37 FR 4258, Mar. 1, 1972, as amended at 37 FR 23909, Nov. 10, 1972; 47 FR 12803, Mar. 25, 1982]
Notes of Decisions
Cited in 7 cases, 1980–2005 · leading case: Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond & John H. McArthur Trs. of the Penn Cent. Transp. Co., 630 F.2d 900 (2d Cir. 1980).
Sort: Relevance Newest Treatment
Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond & John H. McArthur Trs. of the Penn Cent. Transp. Co., 630 F.2d 900 (2d Cir. 1980). “See 49 C.F.R. § 1005.4 ; Ex Parte No. 263, supra, 340 I.”
Konst v. Florida East Coast Ry. Co., 71 F.3d 850 (11th Cir. 1996). “3 (b) 7 ; (5) the duty promptly to investigate the claim if such has not been done prior to receipt of the claim, 49 C.F.R. § 1005.4 (a); (6) the duty to “pay, decline or make a firm compromise settlement offer in writing or electronically to the claimant within 120 days after…”
Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co., 420 F.3d 1243 (11th Cir. 2005). “See 49 C.F.R. 1005.4(a); Ex Parte No. 263, 340 I.”
Rini v. United Van Lines, Inc., 903 F. Supp. 224 (D. Mass. 1995). “, See 49 C.F.R. § 1005.4 (1992). Rini was compelled to retain counsel to contest the suit, and on February 26, 1993, the South Carolina District Court dismissed United’s complaint, ruling that it was not a proper use of the Declaratory Judgment Act.”
Ford Motor Co. v. Transp. Indem. Co., 795 F.2d 538 (6th Cir. 1986). “-3(a) (1985), and conduct a prompt investigation, 49 C.F.R. § 1005.4 (a)(1985). Within *541 120 days of receipt, ATI had to either deny the claim, pay the claim, or make a firm settlement offer.”
Davis Acoustical Corp. v. Carolina Freight Carriers Corp., 775 F. Supp. 530 (N.D.N.Y. 1991). “It does not sufficiently identify the damaged cargo because, as Carolina Freight has convincingly shown, assuming it received that letter, it would have been unable to conduct an investigation, as it must in accordance with 49 C.F.R. § 1005.4 . Consequently, because the court…”
Alstom Power, Inc. v. Norfolk S. Ry. Co., 154 F. App'x 365 (4th Cir. 2005). “See 49 C.F.R. § 1005.4 (2004) (requiring carriers to investigate claims promptly); 49 C.”
— 49 C.F.R. § 1005.4(a) — 1 case
Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co., 420 F.3d 1243 (11th Cir. 2005). “See 49 C.F.R. 1005.4(a); Ex Parte No. 263, 340 I.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.