B-134383, AUG. 7, 1959

B-134383, AUG. 7, 1959

TO THE SECRETARY OF STATE:

REFERENCE IS MADE TO MEMORANDUM DATED JULY 6, 1959, AND ENCLOSURES, FROM THE DIRECTOR, OFFICE OF FOREIGN BUILDINGS, DEPARTMENT OF STATE, TO THE DIRECTOR OF THE CLAIMS DIVISION OF OUR OFFICE, RETURNING FOR OUR CONSIDERATION THE CLAIM OF THE UNITED STATES AGAINST THE INSURANCE COMPANIES INVOLVED IN THE SHIPMENTS OF TRAVERTINE STONE PURCHASED FROM COLONNA AND COMPANY, INCORPORATED, UNDER CONTRACT NO. SCC-2288, DATED AUGUST 16, 1950.

A RE-EXAMINATION OF THE ADMINISTRATIVE FILE TRANSMITTED HERE WITH THE ABOVE CORRESPONDENCE DISCLOSES THAT CERTIFICATES OF INSURANCE WERE OBTAINED ON THE OCEAN SHIPMENTS OF THE STONE FROM ITALIAN PORTS TO HAVANA, CUBA, BY THE CONTRACTOR, WHICH CERTIFICATES SUBSEQUENTLY WERE ASSIGNED TO THE GOVERNMENT. THE RECORD FAILS TO ESTABLISH CONCLUSIVELY THAT ALL OF THE DAMAGES OCCURRED WHILE THE GOODS WERE IN TRANSIT AND THEREFORE COVERED BY THE POLICIES. FURTHERMORE, IT IS DOUBTFUL THAT THE PROVISIONS OF THE POLICIES RELATING TO DAMAGE CLAIMS WERE COMPLIED WITH UPON RECEIPT OF THE CONSIGNMENTS AT DESTINATION IN ORDER TO OVERCOME THE TECHNICAL DEFENSES NOW INTERPOSED BY THE INSURANCE COMPANIES.

IN VIEW OF THESE CIRCUMSTANCES WE ARE UNABLE TO RECOMMEND THAT ANY FURTHER PROCEEDINGS BE UNDERTAKEN BY THE EMBASSY IN ROME, AND THEREFORE WE ARE CLOSING THE FILE IN THIS CASE.

ENCLOSURES A AND B RECEIVED WITH THE REFERRED-TO CORRESPONDENCE ARE RETURNED.