(a) A claim may be allowed only if the property involved was being
used incident to service with the Department and:
(l) The damage or loss was not caused wholly or partly by the
negligent or wrongful act or omission of the claimant, his or her agent,
the members of his or her family, or his or her private employee (the
standard to be applied is that of reasonable care under the
circumstances); and
(2) The possession of the property lost or damaged and the quantity
and the quality possessed is determined to have been reasonable, useful
or proper under the circumstances; and
(3) The claim is substantiated by proper and convincing evidence.
(b) Claims which are otherwise allowable under this subpart shall
not be disallowed solely because the claimant was not the legal owner of
the property for which the claim is made.
(c) Subject to the conditions in paragraph (a) of this section and
the other provisions of this subpart, any claim for damage to, or loss,
of personal property incident to service with the Department may be
considered and allowed. For the purpose of subpart B of this part, an
alternative work location at which an employee is performing duties
pursuant to an approved Flexiplace agreement shall be considered an
official duty station. The following are examples of the principal types
of claims which may be allowed, but these examples are not exclusive and
other types of claims may be allowed, unless hereinafter excluded:
(1) Property or damage in quarters or other authorized places.
Claims may be allowable for damage to, or loss of, property arising from
fire, flood, hurricane, other natural disaster, theft, or other unusual
occurrence, while such property is located at:
(i) Quarters within the 50 States or the District of Columbia that
were assigned to the claimant or otherwise provided in kind by the
United States; or
(ii) Quarters outside the 50 States and the District of Columbia
that were occupied by the claimant, whether or not they were assigned or
otherwise provided in kind by the United States, except when the
claimant is a civilian employee who is a local inhabitant; or
(iii) Any warehouse, office, working area or other place (except
quarters) authorized or apparently authorized for the reception or
storage of property.
(2) Transportation or travel losses. Claims may be allowed for
damage to,
or loss of, property incident to transportation or storage pursuant to
order or in connection with travel under orders, including property in
the custody of a carrier, an agent or agency of the Government, or the
claimant.
(3) Mobile homes. Claims may be allowed for damage to, or loss of,
mobile homes and their contents under the provisions of paragraph (c)(2)
of this section. Claims for structural damage to mobile homes, other
than that caused by collision, and damage to contents of mobile homes
resulting from such structural damage, must contain conclusive evidence
that the damage was not caused by structural deficiency of the mobile
home and that it was not overloaded. Claims for damage to, or loss of,
tires mounted on mobile homes will not be allowed, except in cases of
collision, theft or vandalism.
(4) Enemy action or public service. Claims may be allowed for damage
to, or loss of, property as a direct consequence of:
(i) Enemy action or threat thereof, or combat, guerrilla,
brigandage, or other belligerent activity, or unjust confiscation by a
foreign power or its nationals.
(ii) Action by the claimant to quiet a civil disturbance or to
alleviate a public disaster.
(iii) Efforts by the claimant to save human life or Government
property.
(5) Property used for the benefit of the Government. Claims may be
allowed for damage to, or loss, of property when used for the benefit of
the Government at the request of, or with the knowledge and consent of
superior authority.
(6) Clothing and Accessories. Claims may be allowed for damage to,
or loss of, clothing and accessories customarily worn on the person,
such as eyeglasses, hearing aids, or dentures.
(7) Expenses incident to repair. Claimants may be reimbursed for the
payment of any sales tax incurred in connection with repairs to an item.
The costs of obtaining estimates of repair (subject to the limitations
set forth in Sec. 15.14(c)) are also allowable.
