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#1
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I have been hearing for some time that the USPS is not a government
agency. A seperate entiety but sanctioned by the US Governmentis my thinking. A local diamond merchant sent a package via US Mail and insured it well enough to cover the contents. USPS somehow "lost" the package and refused to pay the insurance. Dealer tried to sue the USPS but was told they has "sovereign immunity" and therefore he could not sue. How does a non-government agency claim sovereign immunity? Any lawyers out there? (Or do I have the wrong conception?) Ralphael, the OLD one. |
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#2
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Ralph:
This is baloney. First, however, we should know WHY the USPS refuses to pay for a lost insured parcel. I had a similar experience in Canada and won. Blair |
#3
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I can only imagine that there was something out of place with the whole
thing that the USPS refused to pay. If it was sent with a tracking number and did not arrive and get signed for upon arrival then the USPS would have to pay. Anything insured over $50 has to be signed for. If the package arrived but was empty (and the signer didn't notice the tampering) not having been sent registered sealed (maybe the term here is certified, not sure) then it would be a difficult claim. I have seen sealed packages and they are quite intricate in their creation, blood samples are shipped this way (I think), probably a unique area of collecting. I have heard that the USPS is it's own entity as you say but I didn't think anything was beyond a lawsuit nor would anyone carrying insurance be beyond a legitimate claim. I have recently filed a claim for lost stamps in the mail and received a check almost immediately. The person who handled it was very personable, it was all done locally, but the descriptions and documentation necessary for the claim were quite elaborate. Ralphael1 wrote: I have been hearing for some time that the USPS is not a government agency. A seperate entiety but sanctioned by the US Governmentis my thinking. A local diamond merchant sent a package via US Mail and insured it well enough to cover the contents. USPS somehow "lost" the package and refused to pay the insurance. Dealer tried to sue the USPS but was told they has "sovereign immunity" and therefore he could not sue. How does a non-government agency claim sovereign immunity? Any lawyers out there? (Or do I have the wrong conception?) Ralphael, the OLD one. |
#4
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Hi there
As a lawyer who has spent more years than I would like to mention preparing National and International Conditions of Carriage perhaps I can help. 99% of all contracts of carriage will be covered by a contract (which will be referred to in the consignment note). The majority of carriers, whoever they may be impose first limited liability based upon the weight of the consignment and secondly a list of items which, if carried, will not be covered for loss. Diamonds, cash, stamps, glass and a very wide class of items are excluded. International conventions (Warsaw, Geneva etd) also impose limites of liability for carriage of goods by road and air based upon weight. The general answer is to insure any item of value either with the carrier (which is often not offered) or with your own insurance company. That having been said goods in transit insurance is not cheap (because items do disappear). As to stamps there are specialist brokers will cover your items whilst in the postal system. Finally it would be very unusual for any government body to claim sovereign immunity in a case of GIT even if it was able to rely on it. Cheers Robert |
#5
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![]() derbyboi wrote: sniped message........ Finally it would be very unusual for any government body to claim sovereign immunity in a case of GIT even if it was able to rely on it. Cheers Robert Thank you Robert for the excellent explanation. I obtained my information from the local newspaper, the package in question was a diamond braclet lost in the mail. The "sovereign immunity" came from the court clerk when the sender tried to file a lawsuit. It also explains a claim from a local dealer's lost shipment of stamps. Ralphael, the OLD one. By The Way, I am sending your post verbatum to people I know. |
#6
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I certainly opened a can of worms here. Several relpies and I still
don't know about USPS but much about Sovereign Immunity. Two of LN in DC posts muddys the waters: Product Placement on Stamps LN in DC Aug 2, 11:01 pm Whad'ya expect when the post office is "privatized"? OT Sovereign Immunity LN in DC Aug 2, 10:41 pm The USPS is still an agency of the US government. Agency of the US government and "privatized." I suppose it means no one wants anything to do with the carrier of mail. Sounds like the FDIC and FSLIC have a bed buddy. Ralphael, the OLD one |
#7
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Ralphael1 wrote:
I certainly opened a can of worms here. Several relpies and I still don't know about USPS but much about Sovereign Immunity. Two of LN in DC posts muddys the waters: Product Placement on Stamps LN in DC Aug 2, 11:01 pm Whad'ya expect when the post office is "privatized"? This was a comment about the Dutch post office, not the USPS. = Eric OT Sovereign Immunity LN in DC Aug 2, 10:41 pm The USPS is still an agency of the US government. Agency of the US government and "privatized." I suppose it means no one wants anything to do with the carrier of mail. Sounds like the FDIC and FSLIC have a bed buddy. Ralphael, the OLD one |
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