belligerent activities, whether or not the United States is involved; or

(4) Unjust confiscation by a foreign power or by its nationals.

e. Property subjected to extraordinary risks. Claims are payable when property is damaged or lost as a direct result of extraordinary risks to which it has been subjected by the performance of official noncombat duties by the claimant, including but not limited to:

(1) Performance of duty in connection with civil disturbance, public disorder, or public disaster:

(2) Efforts to save Government property or human life where the situation was such that the claimant could have saved his own property had he not so acted; or by

(3) Abandonment or destruction of property by reason of military emergency or by order of superior authority.

f. Property used for benefit of Government. Claims are payable where property is damaged or lost while being used, or held for use, for the benefit of the Government at the direction or request of superior authority or by reason of military necessity.

g. Negligence of the Government. Claims are payable where property is damaged or lost incident to the service of the claimant and the proximate cause of such damage or loss was the negligent act or omission of agents or employees of the Government acting within the scope of their employment.

h. Money deposited for safekeeping, transmittal, or other authorized disposition. Claims for loss of personal funds which were accepted by naval personnel, military or civilian, acting with the authority of the commanding officer, for safekeeping, deposit, transmittal, or other authorized disposition, are payable where the funds were neither applied as directed by the owner nor returned to him.

i. Motor vehicles. Motor vehicle claims, except for collision damage claims, are payable where the vehicle was damaged or lost when: located on base, located off base at quarters overseas, being employed at the time of the loss on official business,

or under any of the circumstances contemplated by 2103 a, b, d, e, or f of this chapter. Also see s 2104(i).

j. House trailers.

(1) The term "house trailer," as used in this chapter, denotes a residence designed to be moved overland. It includes all household goods, personal effects and professional books, papers, and equipment contained in the trailer and owned or intended for use by the member or his dependents.

(2) Claims for loss of, or damage to, house trailers and their contents while on Government property and payable under subsection a(3). Claims for loss of, or damage to, house trailers and their contents arising incident to shipment are payable under subsection b(1), provided that, when transported by other than the service member or an agent or agency of the Government, the carrier must have operating rights approved by the Interstate Commerce Commission if in interstate commerce, or under applicable State regulations when the shipment is within a single State.

(3) It is the owner's responsibility to place the house trailer (including the chassis, brakes tires, tubes, bearings, undercarriage, frame, and the other parts of the house trailer) and its contents in fit condition to withstand the stress of normal transportation. The Government has the responsibility of insuring that the house trailer is inspected prior to movement to determine if it is roadworthy. Acceptance of a house trailer for shipment by a carrier is presumptive evidence that the house trailer was in condition to withstand the stress of normal transportation.

(4) The burden of proving a claim against the Government or the carrier rests on the claimant. However, the claimant can establish a prima facie case by proving that the damage occurred during transportation. Damage which is due to (a) the negligence of the carrier, or (b) collision while the house trailer is in the possession of the carrier, is the responsibility of the carrier. Damage which is due to apparent defects (e.g., a heavily or unevenly loaded trailer; tires which are worn, undersized, or insufficient ply rating, or have deteriorated because of age or lack of use; undercarriage and frame sagging, bent, or of insuffi

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cient size or improper construction; loose panels; faulty brakes; missing equipment; etc.) unless noted by the carrier prior to acceptance for shipment, or unless otherwise excepted by contract with the Government, is also the responsibility of the carrier. If the claimant establishes that the damage occurred during shipment, the burden then shifts to the Government and the carrier to establish that they are not liable (e.g., that the damage resulted solely from a latent structural defect).

(5) Evidence desirable for the proper adjudication of a house-trailer claim should include, but is not necessarily limited to, the following:

(a) Copy of the pre-move inspection report; (b) Statement from claimant concerning condition of trailer prior to move, to include age of trailer, general condition, number and location of each prior move, whether any prior move resulted in damage, and, if so, type of damage and whether any prior claim has been paid;

(c) Copy of the damage report (generally prepared by the carrier);

(d) Government inspection, (include photographs of each area or item of damage where this may prove helpful);

(e) Statement from the driver of the towing vehicle as to the circumstances surrounding the damage, as well as detailed travel particulars:

of repairs;

(f) Repair bills or estimates as to the cost

(g) Statements from the persons providing claimant with estimates of repair as to their professional opinion as to the cause or causes of each area or item of damage;

(h) Statements similar to the above by an engineer or by a member of the vehicle maintenance division of a public works department who possesses some expertise in this area;

(i) Statements from the carrier, manufacturer, and dealer as to the cause of the damage;

(j) Dates and places of all prior transportation of the trailer, and, if at Government expense, copies of the Government bills of lading. *k. Theft from the person of the claimant is reimbursable if it is established that the theft occurred by use of force, violence, or threat to do bodily harm, or by snatching or pick pocketing, and at the time of theft the claimant was either on a military installation, utilizing a recreational facility operated or sponsored by the Department of Defense or any agency thereof, or in the performance of

official duty. The theft must have been reported to appropriate police authorities immediately, or as soon as practicable, and it must have been reasonable for the claimant to have had on his person the quality and the quantity of the property allegedly stolen.

2104 CLAIMS NOT PAYABLE

Claims may not be allowed for:

a. Money or currency. Money or currency except when deposited with authorized personnel as contemplated by section 2103h, or when lost incident to a marine or aircraft disaster, or when lost by fire, flood, hurricane, or theft from quarters. In instances of theft from quarters, it must be conclusively shown that the money or currency was in a locked container and that the quarters themselves were locked. Reimbursement for loss of money or currency will be limited to an amount which the adjudicating authority determines to have been reasonable for the claimant to have had in his possession at the time of the incident.

b. Unserviceable property. Worn-out or unserviceable property.

c. Easily pilferable articles. Easily pilferable articles such as jewels and jewelry; other small articles of substantial value usually worn or carried, such as cameras and accessories, watches, rings, binoculars, and necklaces; and items of greater size particularly subject to theft, including firearms, portable electronic equipment, and articles for which a substantial illegal market exists - when shipped with household goods by ordinary means or as unaccompanied baggage. (Shipment includes storage.) Claims for such articles are allowable when their loss is incident to shipment when special handling has been arranged and performed in accordance with current Naval Supply Systems Command guidelines or Marine Corps Order P4600.7A. This prohibition does not apply to baggage in the personal custody of the claimant or properly checked, provided reasonable protection or security measures have been taken. However, if small items of substantial value are lost or destroyed because of fire, flood, hurricane, the sinking of a vessel or other unusual occurrence in which the mode of shipment is not material to the type of loss, the claim may be allowed.

d. Articles acquired for other persons. Articles intended directly or indirectly for persons other than the claimant or members of his immediate household.

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This prohibition includes articles acquired at the request of others, and articles to be disposed of as gifts or to be offered for sale.

e. Articles of extraordinary value. Articles of extraordinary value, including articles of gold, silver, or other precious metals, paintings, antiques other than bulky furnishings, relics, authentic oriental or similar expensive rugs, and other articles of extraordinary value, are not payable when shipped with household effects by ordinary means or as unaccompanied baggage. Claims for the loss of such articles. are payable when their loss is incident to shipment when special handling has been arranged and performed in accordance with current Naval Supply Systems Command guidelines or Marine Corps Order P4600.7A. This prohibition does not apply to baggage checked, or in the personal custody of the claimant or his agent, provided reasonable protection or security measures have been taken.

f. Articles being worn. Articles being worn, except under the circumstances described in section 2103c, d, e, and k above.

g. Intangible property. Intangible property, such as bank books, checks, promissory notes, stock certificates, bonds, bills of lading, warehouse receipts, baggage checks, insurance policies, money orders, and traveler's checks.

h. Property owned by United States. Property owned by the United States, except where the claimant is responsible to an agency of the Government other than the Department of the Navy.

i. Motor vehicles. Motor vehicle claims for collision damage are not payable under this chapter, but may be paid by a military department under the Military Claims Act (Part C of Chapter XX) when caused by a member of employee of that department.

j. Enemy property. Enemy property or property of civilian employees who are nationals of a country at war with the United States, or of any ally of such enemy country, except when it is determined that the claimant is friendly to the United States. The prohibition also includes the property of prisoners of war or interned enemy aliens, and the property of civilian employees who have collaborated with an enemy, or with an ally of an enemy of the United States.

k. Losses of insurers and subrogees. Losses of insurers and other subrogees.

1. Losses recovered from insurers or carriers. Losses, or any portion thereof, which have been recovered from an insurer or carrier.

m. Losses in unassigned quarters in the United States. Claims otherwise cognizable under 2103a are not payable for property damaged or lost at quarters occupied by the claimant within the United States which are not assigned to him, or otherwise provided in kind by the Government.

n. Contractual coverage. Losses, or any portion thereof, which have been recovered or are recoverable pursuant to contract.

* o. Negligence of claimant. Claims for lost or damaged personal property caused in whole or in part as a result of any negligence or wrongful act of the claimant, or any agent or employee of the claimant acting within the scope of employment. Negligence may be defined as failure to exercise that degree of care which a reasonable and prudent person would have exercised under the same or similar circumstances.

p. Business property. Property normally used for business or profit.

q. Fees for obtaining estimates of repair. Claims normally are not payable for fees paid to obtain estimates of repair in conjunction with submitting a claim under these regulations. Where, however, in the opinion of the approving authority the claimant could not obtain an estimate without paying a fee, such a claim may be allowed in an amount reasonable in relation to the value and/or cost of repairs of the article involved, provided the evidence furnished clearly indicates that the amount of the estimate fee paid will not be deducted from the cost of repairs if the work is accomplished by the estimator.

* 1. Theft. In all cases where a claim is made for articles lost by theft, the claim is not payable unless evidence clearly establishes:

(1) That the claimant exercised due care in the protection of his property; and

(2) The existence of a larceny, robbery, burglary, or housebreaking.

s. Trailers. Loss or damage to trailers, including house trailers and integral parts thereof except as provided in 2103j. Household effects contained in

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