
THE DIFFERENCE BETWEEN VALUATION AND INSURANCE
It pays to know the difference!
Padded Wagon provides customers with valuation options through its lawfully-filed
tariff, interstate Bill of Lading, or contract of carriage agreements. Valuation
protection is a tariff level of carrier liability, and referring to it as
"insurance" is incorrect and misleading.
The concept of valuation is based upon transportation and carrier law. Historically,
valuation was intended to enable the shipper to indicate the limit of liability
a carrier was incurring and, in exchange, to allow the carrier to charge
a higher rate when undertaking a greater limit of liability on a shipment.
Therefore, a shipper could pay a lower transportation rate by not requiring
the carrier to undertake as great a limit of liability for loss and damage.
To safeguard your agency and Padded Wagon, you should ensure that no written
references to "insurance" exist in paperwork you present to customers.
Further, avoid any references to "insurance" when speaking with
customers about released value. However, before you can take these precautions,
you need to understand the basic differences between "valuation"
and "insurance" (see the box at right).
Originally, the released value for a shipment was established on a per pound
basis. Today, the lowest level of protection for common carrier household
goods shipments is $.60 per pound per article. if a greater released value
is declared by the customer, there is an additional charge above the basic
transportation rate. Trip transit insurance, secured on a shipper's behalf
from a third-party insurance company, is also not released value.
Padded Wagon offers the following valuation options through its tariff:
Full Replacement Protection
"Plan A" has no deductible and protects the
customer for the cost of repairs or the replacement cost of irreparably
damaged items or items documented as missing from the shipment. Customers
are protected form the first dollar of loss to a maximum settlement of
the total released value.
"Plan B" is the same "Plan A" except
that a $300.00 deductible applies on damage claims.
Under either plan, Padded Wagon is liable for any repairs or the cost
of repairs for transit-related damage to the extent necessary to restore
an item to its original condition when received by Padded Wagon. The customer
agrees that the declared or released value of the shipment shall be minimum
value of $0.35 per pound times the actual weight of the shipment or $1,500.
Whichever is greater.
"Declared Value Protection"
"Declared Value Protection" enables customers to declare a
lump sum value on the shipment. Depreciation is considered by Padded Wagon
when evaluating claims liability. The customer agrees that the declared
or released value of the shipment will be the declared value or $1.25 per
pound times the weight of the shipment, whichever is greater.
"Carriers' Liability"
"Carriers' Liability," the most basic plan, provides a released
value of $.60 per pound per article at no additional charge to the customer.
This type of valuation must be elected in writing by the customer on the
Bill of Lading. Depreciation is also considered by Padded Wagon when determining
settlement amounts.
Insurance was developed to spread the risk of loss. Typically, it involves
a contract by which an insurance company agrees to indemnify its insured
against loss from perils expressly stated in the insurance policy.
While a claim arising from interstate transportation is settled in accordance
with federal regulations, the terms of a carrier's tariff and Bill of Lading,
and the released value chosen by the customer, claims under insurance policies
must often be settled in accordance with the provisions of the policy and
the state's insurance laws.
For more information on the valuation options offered by Padded Wagon and
the ways in which you can protect yourself and Padded Wagon, contact our
Customer Service department.
THE DIFFERENCE BETWEEN VALUATION AND INSURANCE
Valuation
- Has its basis in transportation law.
- Is a level of liability the carrier agrees to assume and, depending
upon the level of protection requested by the customer, may result in higher
transportation rates.
- No Co-valuation is applicable.
- Limits liability to the time in which the goods are in the care, custody
and control of the carrier's actions or failure to act that are not excluded
by the provisions of the Bill of Lading and tariff.
- Is regulated by the Department of Transportation (DOT).
- The methods of handling claims are specified in transportation rules
and regulations, the carrier's Bill of Lading and tariffs. The shipper
has nine months from the date of delivery to file a claim with the carrier,
and two years from the date a claim was denied to file suit.
Insurance
- Was developed to spread the risk of loss.
- Is a contract in which the insurance company, for a premium, agrees
to indemnify the shipper against loss from perils expressly stated in the
policy.
- A co-insurance provision may be applicable.
- The insured is covered for listed perils and must show that a loss
occurred and was listed peril.
- Is regulated by each state.
- There may be 50 different sets of regulations and laws which cover
policy rates, claim procedures, statutes of limitations and policy limits.