The Secretary of Defense and the Secretaries of the military departments, in paying a claim under section
3721 of title
31 arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under section
2636a of this title:
(1)A case in which—
(A)the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with section
2636a of this title that requires the transportation service provider to settle claims on the basis of full replacement value; and
(B)the loss or damage occurred under circumstances that exclude the transportation service provider from liability.
(2)A case in which—
(A)the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; and
(B)the land-based portions of the transportation were under contracts, in accordance with section
2636a of this title, that require the land carriers to settle claims on the basis of full replacement value.
(3)A case in which—
(A)the lost or damaged goods were transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section
2636a of this title;
(B)the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; and
(C)a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.
Pub. L. 111–383, div. A, title III, § 354(b),Jan. 7, 2011, 124 Stat. 4195, provided that: “Section
2740 of title
10, United States Code, as added by subsection (a), shall apply with respect to losses incurred after the date of the enactment of this Act [Jan. 7, 2011].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.