PRIVATE PROPERTY LOSS CLAIMS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP78-04724A000200050026-1
Release Decision: 
RIPPUB
Original Classification: 
S
Document Page Count: 
4
Document Creation Date: 
December 9, 2016
Document Release Date: 
July 27, 2000
Sequence Number: 
26
Case Number: 
Content Type: 
REPORT
File: 
AttachmentSize
PDF icon CIA-RDP78-04724A000200050026-1.pdf206.73 KB
Body: 
Approved Fcr1. Relea a 2000/681 a r .P78-047244000200050026-1 PRIVATE PROPERTY LOSS CLAIMS In two recent decisions, the Headquarters Board of Survey found it neces- sary to recommend that the approving authority disapprove an employee's claim for loss of his personal and household effects ~#to-fire. The losses suffered by these employees were more severe, the lack of insurance coverage. rganization policy for honoring claims 25X1 C 25X1 C zY claims are summarized here Organization personne m remind 0 ' the necessity for making appropriate insurance arrangements to protect their pri- vate property. As a general rule, civilian departments and organizations have no statutory authority to pay claims for damage or loss of private property. Insurance cov- erage is the personal responsibility of the individual employees, at their per- sonal expense, if they desire protection against loss. Accordingly, employees of this Organization, the circumstances of these disapproved sure their privatelyfowned property against the risk of loss or damage while in transit, storage, quarters or other authorized places and situations if they do not wish to personally accept that risk. The Organization does not provide in- surance for such purposes and the fact that the Organization provides services and arrangements, and sometimes accepts custody, for storage, etc. does not mean that the Organization accepts total responsibility for the property. ' d e e t 1 a !r i!ltgrated P7 -047~A 26ts1tt must be Approved For Release 2000/08129-0 , -0,_, 1 ' ?_ ,.-r suhlsefar.! In inelividu2t svsf.nenatia review. Approved For Rele se 2000/08/2 8-047;?,4000200050026-1 claims may be submitted. to the Organization on account of the loss, damage, de- struction, capture or abandonment of privatelyowned property, which occurred without negligence on the part of the owner. These claims will be honored when., operational circumstances or security factors directly related to Organization service (the reviewing authorities justify reimbursement from ,onfidential ~unds. In the absence of insurance coverage, a claim will not be honored/ unless (i.,) security, cover )or extenuating circumstances precluded. proper insurance _1 f rt, D4- coverage, or W negligence on the part of the Organization is determined the principal cause of loss, or (43) the loss is a direct result of performance of operational duty, sensitive circumstances, or other extraordinary reasons which Approved For Retie 006 29 : CIA-RDP78-04724A000200050026-1 1 Approved For Relese 2000/08/2 78'O47 OOO2OOO5OO26-1 merit special consideration:`"-? 'A J1 gib. _ cv+~ , If the property was insured, a claim will be honored If security 19 _11A or cover considerations preclude reimbursement by a insurer a or o e? 4 u,.L Gam,` &A J i liable entity A commercial carrierA storage contractor,`` stiff* 25X1 C In the firstAalsap rpved claimjA.n employee was transferred PCS overseas and the Organization provided services to the employee in arranging for pick-up and storage of his property by a commercial storage company, at Organization expense. The employee1failed to insure because he was not cognizant of that personal responsibility. He mistakenly assumed. that the Organization was accepting total responsibility for the property and, would do whatever was neces- sary in regard to insurance. Some time later, the storage contractor's warehouse was destroyed by fire. The contractor denied negligence anddisclaimed responsi- bility for the loss of the employee's property (worth several thousand dollars) because the fire was probably attributable to a boy arsonist. The original claim and appeal were denied by the Organization because (1) there was no organization responsibility for the property or loss thereof, and (2) the claimant was not pre- or cluded by security4cover considerations from seeking relief by contesting the con- tractor's denial through legal action, or by claiming against a private insurer, and. (3) the claimant failed to carry insurance. In t e of r dies o ed la m, the Organization reimbursed the employee for rental of a private local residence which he leased near his overseas post, and Approved For Release 2000/08/29 DP '-Q 704 d,100 OO26-1 Approved For Rels229 : ,a..s ..=047A000200050026-1 25X1A the Organization provided heaters for his benefit,as. A fire destroyed. the residence and all of the employee's clothing and household effects valued at several thousand dollars. The exact cause of the fire was not definitely estab- lished, but the local fire department reported that the most likely cause ~ was AV A." cw"Ns possibly defective heater. Although theeBoard was not unmindful of the magnitude and circumstances of this loss, it was necessary to disapprove the claim because' (1) The Organization had no custodial responsibility for the property and no maintenance responsibility for the heaters or quarters, even though the premises government quarterd"'provided under authority of There was no evidence to indicate that the heaters were defective 25X1A when issued. (2) The claimant failed to carry insurance. The circumstances of his cover would not have precluded his making a claim against a private insurer. (3) The loss was not related to security/(cover factors of Organization 25X1 C 25X1 C Approved For Release 2000/0t1