B-139811, MAY 26, 1961
Highlights
ESQUIRE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 31. MATTOX'S ACCIDENT HAVE BEEN HANDLED DIRECTLY BY THE DEPARTMENT OF JUSTICE THROUGH THE UNITED STATES ATTORNEY AT ST. THAT ANY RESPONSIBILITY OF THE UNITED STATES FOR PROPERTY DAMAGE IS COVERED BY A LIABILITY INSURANCE POLICY HELD BY MR. THESE COMPLEXITIES AND THE FACT THAT A LEGAL ACTION PRESENTLY IS PENDING OVER ANOTHER CLAIM IN THE CASE HAVE LED THE DEPARTMENT TO SUGGEST THAT ALL ADDITIONAL DEMANDS BE DECLINED ADMINISTRATIVELY AND LEFT FOR CONSIDERATION IN THE COURTS WHERE ADEQUATE STEPS CAN BE TAKEN TO PROTECT THE GOVERNMENT'S INTERESTS. IN VIEW OF GENERAL DOUBT THAT THE UNITED STATES IS LIABLE AS ALLEGED ON BEHALF OF YOUR CLIENTS.
B-139811, MAY 26, 1961
TO FLOYD E. CROWDER, ESQUIRE:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1961, PRESENTING A CLAIM OF LORRAINE HOLTEN, AMERICAN INDEMNITY COMPANY, HOME INSURANCE COMPANY, PEARL ASSURANCE COMPANY, LTD., AND STANDARD FIRE INSURANCE COMPANY, IN THE AMOUNT OF $1,168, FOR PROPERTY DAMAGE TO PREMISES AT 3800 ST. CLAIR AVENUE, EAST ST. LOUIS, ILLINOIS, COMMONLY KNOWN AS THE "SPAGHETTI HOUSE," OCCASIONED BY AN AUTOMOBILE DRIVEN BY CHARLES MATTOX, AN EMPLOYEE OF THIS OFFICE, ON APRIL 13, 1959.
IN VIEW OF THE UNUSUAL CIRCUMSTANCES, THE INVESTIGATION AND SETTLEMENT OF CLAIMS GROWING OUT OF MR. MATTOX'S ACCIDENT HAVE BEEN HANDLED DIRECTLY BY THE DEPARTMENT OF JUSTICE THROUGH THE UNITED STATES ATTORNEY AT ST. LOUIS. THE DEPARTMENT HAS ADVISED, ALSO, THAT ANY RESPONSIBILITY OF THE UNITED STATES FOR PROPERTY DAMAGE IS COVERED BY A LIABILITY INSURANCE POLICY HELD BY MR. MATTOX ON HIS CAR WITH THE MERCHANTS INDEMNITY CORPORATION OF NEW YORK (NO. MLF 49 15 66). THESE COMPLEXITIES AND THE FACT THAT A LEGAL ACTION PRESENTLY IS PENDING OVER ANOTHER CLAIM IN THE CASE HAVE LED THE DEPARTMENT TO SUGGEST THAT ALL ADDITIONAL DEMANDS BE DECLINED ADMINISTRATIVELY AND LEFT FOR CONSIDERATION IN THE COURTS WHERE ADEQUATE STEPS CAN BE TAKEN TO PROTECT THE GOVERNMENT'S INTERESTS.
UNDER THE CIRCUMSTANCES, AND IN VIEW OF GENERAL DOUBT THAT THE UNITED STATES IS LIABLE AS ALLEGED ON BEHALF OF YOUR CLIENTS, WE FIND IT NECESSARY TO DENY THEIR CLAIMS.