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§47-169.2.
§47-169.2.
Every motor carrier of household goods or used emigrant movables, upon
receipt of a claim in writing for loss of or damage to cargo during
transportation, some portion of which was performed by that carrier,
regardless of the form in which the claim is presented, shall:
1. Acknowledge receipt of the claim in writing within thirty (30) days
after receipt thereof by the motor carrier;
2. Commence an investigation in good faith to determine whether the
carrier acknowledges or denies liability for the loss or damage;
3. Either pay the claim in full, or as agreed to by mutual compromise,
or deny liability for loss or damage, in writing, within ninety (90)
days after receipt of the original claim by the carrier. Such action
shall not be withheld or postponed pending receipt of payment or
acknowledgment of liability from connecting carriers;
4. Acknowledgment of liability shall be accompanied by payment in full
for the value of property lost or damaged except where subject to
limited liability or released value. When a shipper, without prior
approval from the consignee, elects to release a shipment at a value
less than the full value of the property shipped, in the event of loss
or damage said shipper will indemnify to the consignee the difference
between the released or limited valuation paid by the carrier and the
full value of the property shipped. A carrier's liability is limited
to the released value or limited liability as stated in the carrier's
governing tariff.
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