CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VII—DEPARTMENT OF THE AIR FORCE (parts 800 to 989) > SUBCHAPTER D—CLAIMS AND LITIGATION (parts 842 to 845) > PART 842—ADMINISTRATIVE CLAIMS > SUBPART M—Claims Under the National Guard Claims Act (32 U.S.C. 715) (§842.100 to §842.114) > 842.109—Claims payable.

842.109—Claims payable.

(a) Claims arising from noncombat activities of ANG members performing duty under 32 U.S.C and acting within the scope of their employment, whether or not such injuries or damages arose out of their negligent or wrongful acts or omissions.
(b) Claims are payable if they are for damage to bailed property under § 842.109(a) of this part where:
(1) The ANG assumed the duties of a bailee.
(2) The bailor did not assume the risk of loss by express agreement.
(3) Authorized ANG members acting in their official capacity properly accepted the property.
(c) Claims are payable if they are for loss or damage to:
(1) Insured or registered mail, under § 842.109 (a) or (b) of this part while in the possession of the ANG.
(2) Minimum fee insured mail but only if it has an insurance number or requirement for hand-to-hand receipt and was lost or damaged while in the possession of the ANG.
(3) Any mail in the possession of the United States Postal Service or a Military Postal Service due to an unlawful or negligent inspection, search, or seizure in an oversea military postal facility, which was ordered by ANG members.
(d) Claims filed by ANG military or civilian health care providers or legal personnel for their personal liability by settlement or judgement, to include reasonable costs of such litigation, for their common law tortious acts committed on or after 29 Dec 1981 while performing title 32 duty within the scope of their employment under the circumstances described in 10 U.S.C. 1089(f) and 10 U.S.C. 1054(f).

Code of Federal Regulations

[55 FR 2809, Jan. 29, 1990, as amended at 55 FR 32077, Aug. 7, 1990]