Or. Admin. Code § 740-060-0035 - Cargo Insurance and Valuation Declaration
(1) A carrier is liable for loss or damage to
household goods when the property is in its care, custody or control. The
required minimum level of cargo insurance coverage is specified in OAR
740-040-0030. The level of liability assumed by the carrier is altered based on
the selection of the valuation protection option chosen by the shipper.
(2) Prior to beginning any
regulated household goods move, a carrier must ensure that the shipper has
selected a valuation option. The carrier must provide the shipper with
information that clearly explains the different valuation options offered, the
charges for each option, and an example comparing the total cost of a move with
Full Replacement Cost Protection and with Released Value Protection.
(3) All household goods carriers must offer
at least the following valuation protection options:
(a) Released Value: When the shipper elects
the no-additional-cost Released Value option, claims for damage or loss will be
settled based on the weight of the article multiplied by the price per pound.
If a shipper fails to state a declared value in writing and the shipment is
accepted by the carrier , the shipment will be estimated calculating the weight
of the shipment as seven pounds per cubic foot of space utilized;
(b) Replacement Cost Protection: The shipper
must declare a lump sum value of the shipment. Under this option, if any
article is lost, destroyed, or damaged while in the carriers custody, the
carrier will, at its option, guarantee either replacement of articles lost or
damaged, reimbursement for full replacement cost, or satisfactory repairs.
(4) If for any reason,
the carrier fails to obtain the shipper's written confirmation of valuation
option selection on the bill of lading, and the shipment is accepted for
transport, the carrier will provide Replacement Cost Protection at the shipper
expense.
Notes
Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.202, 825.204, 825.224
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