PocketLaw | CFR 32 | Investigation and Processing of Claims

Investigation and Processing of Claims

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Claims investigative responsibility - General.

Identifying claims incidents both for and against the government.

Delegation of investigative responsibility.

Procedures for accepting claims.

Identification of a proper claim.

Identification of a proper claimant.

Claims acknowledgment.

Revision of filed claims.

Action upon receipt of claim.

Opening claim files.

Transfer of claims among armed services branches.

Use of small claims procedures.

Determination of correct statute.

Unique issues related to environmental claims.

Related remedies.

Importance of the claims investigation.

Elements of the investigation.

Use of experts, consultants and appraisers.

Conducting the investigation.

Determination of liability - generally.

Constitutional torts.

Incident to service.

FECA and LSHWCA claims exclusions.

Statutory exceptions.

Other exclusions.

Statute of limitations.

Federal employee requirement.

Scope of employment requirement.

Determination of damages - applicable law.

Collateral source rule.

Subrogation.

Evaluation of claims - general rules and guidelines.

Joint tortfeasors.

Structured settlements.

Negotiations - purpose and extent.

Who should negotiate.

Settlement negotiations with unrepresented claimants.

Settlement or approval authority.

Splitting property damage and personal injury claims.

Advance payments.

Action memorandums.

Settlement agreements.

Final offers.

Denial notice.

The “Parker” denial.

Mailing procedures.

Appeal or reconsideration.

Retention of file.

Preparation and forwarding of payment vouchers.

Fund sources.

Finality of settlement.