33 CFR 25.109 - Insurance and other subrogated claims.

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There is 1 rule appearing in the Federal Register for 33 CFR 25. View below or at eCFR (GPOAccess)
§ 25.109 Insurance and other subrogated claims.
(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. The total award of combined claims may not exceed the monetary jurisdiction of the settlement authority. If the total award of the combined claims exceeds, or is expected to exceed, a settlement authority's limits, the settlement authority is not permitted to consider either, and the claim file will be forwarded to an appropriate settlement authority.
(b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer.
(c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including:
(1) The names and addresses of all insurers;
(2) The kind and amount of insurance;
(3) The policy number;
(4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made.
(d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The settlement authority makes an independent determination on the issues of fact and law based upon the evidence of record.
(e) An insurance or other subrogated claim is not payable under Subpart E, F, or G of this part.

Title 33 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 33.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-07-07; vol. 79 # 129 - Monday, July 7, 2014
    1. 79 FR 38422 - Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Coast Guard
      Final rule.
      This final rule is effective July 7, 2014.
      33 CFR Parts 1, 3, 8, 13, 19, 23, 25, 26, 27, 51, 52, 67, 80, 81, 84, 89, 96, 104, 105, 110, 114, 116, 117, 118, 120, 126, 127, 128, 135, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 164, 165, 167, 169, 174, 179, 181, and 183

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
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Executive Order ... 11735

Title 33 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 33 CFR 25 after this date.

  • 2014-07-07; vol. 79 # 129 - Monday, July 7, 2014
    1. 79 FR 38422 - Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Coast Guard
      Final rule.
      This final rule is effective July 7, 2014.
      33 CFR Parts 1, 3, 8, 13, 19, 23, 25, 26, 27, 51, 52, 67, 80, 81, 84, 89, 96, 104, 105, 110, 114, 116, 117, 118, 120, 126, 127, 128, 135, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 164, 165, 167, 169, 174, 179, 181, and 183