Accession Number : ADA403138


Title :   Legal Services: Claims


Corporate Author : DEPARTMENT OF THE ARMY WASHINGTON DC


Personal Author(s) : West, Togo D , Jr


Full Text : https://apps.dtic.mil/dtic/tr/fulltext/u2/a403138.pdf


Report Date : 31 Dec 1997


Pagination or Media Count : 71


Abstract : See report. This revision-- Deletes procedures for filing, investigating, processing, settling, and paying claims (chap 2) . (These procedures are published in DA Pam 27-162.) Clarifies division of investigative responsibilities between unit claims officers and U.S. Army Judge Advocate General claims offices (paras 2-1 through 2-4) Defines proper claims and claimants; adds new rules on accepting claims (paras 2-6 through 2-11) Clarifies procedures for opening and arranging claims files; addresses the requirement for, and procedures used on, mirror files (paras 2-12 through 2- 15) Details the factors necessary to determine which statute applies to a particular type of claim (paras 2-8 through 2-32) Lists all exclusions to tort liability under the Federal Tort Claims Act, Military Claims Act, Non-Scope Claims Act, National Guard Claims Act, Army Maritime Claims Settlement Act, and Foreign Claims Act in one section (chap 2, section V) Extends prohibitions of payment of collateral source damages and subrogation claims on all claims except those arising under the Federal Tort Claims Act and the Army Maritime Claims Settlement Act (paras 2-42 and 2-43) Extends rule requiring structured settlements in certain types of claims to claims arising under all statutes except Federal Tort Claims Act and Army Maritime Claims Settlement Act (para 2-46) Adds new rules and guidance for evaluating tort claims (chap 2, section VII) Discusses negotiation methods (chap 2, section VIII) Updates and adds methods for approving and denying claims; addresses types of settlement agreements used (chap 2, section Ix) Lists in one paragraph the sources of funds for paying all types of tort claims (para 2-63) Clarifies the circumstances under which tort claims generated by the acts or omissions of Army Reserve and National Guard personnel fall within the scope of the Federal Tort Claims Act and the National Guard Claims Act (para 6-2).


Descriptors :   *FILES(RECORDS) , *LAW ENFORCEMENT , *MILITARY LAW , NATIONAL GUARD , MILITARY RESERVES , MILITARY PERSONNEL , DAMAGE , OFFICER PERSONNEL , NEGOTIATIONS , MONEY , CRIMINAL JUSTICE SYSTEM


Subject Categories : Sociology and Law


Distribution Statement : APPROVED FOR PUBLIC RELEASE