USPS..Who are you??
 

I have been hearing for some time that the USPS is not a government
agency. A seperate entiety but sanctioned by the US Governmentis my
thinking.
A local diamond merchant sent a package via US Mail and insured it well
enough to cover the contents. USPS somehow "lost" the package and
refused to pay the insurance.
Dealer tried to sue the USPS but was told they has "sovereign immunity"
and therefore he could not sue.
How does a non-government agency claim sovereign immunity? Any lawyers
out there? (Or do I have the wrong conception?)

Ralphael, the OLD one.

Ralph:

This is baloney. First, however, we should know
WHY the USPS refuses to pay for a lost insured
parcel. I had a similar experience in Canada and won.

Blair

I can only imagine that there was something out of place with the whole
thing that the USPS refused to pay. If it was sent with a tracking number
and did not arrive and get signed for upon arrival then the USPS would
have to pay. Anything insured over $50 has to be signed for. If the
package arrived but was empty (and the signer didn't notice the tampering)
not having been sent registered sealed (maybe the term here is certified,
not sure) then it would be a difficult claim. I have seen sealed packages
and they are quite intricate in their creation, blood samples are shipped
this way (I think), probably a unique area of collecting. I have heard
that the USPS is it's own entity as you say but I didn't think anything
was beyond a lawsuit nor would anyone carrying insurance be beyond a
legitimate claim. I have recently filed a claim for lost stamps in the
mail and received a check almost immediately. The person who handled it
was very personable, it was all done locally, but the descriptions and
documentation necessary for the claim were quite elaborate.

Ralphael1 wrote:

I have been hearing for some time that the USPS is not a government
agency. A seperate entiety but sanctioned by the US Governmentis my
thinking.
A local diamond merchant sent a package via US Mail and insured it well
enough to cover the contents. USPS somehow "lost" the package and
refused to pay the insurance.
Dealer tried to sue the USPS but was told they has "sovereign immunity"
and therefore he could not sue.
How does a non-government agency claim sovereign immunity? Any lawyers
out there? (Or do I have the wrong conception?)

Ralphael, the OLD one.

Hi there
As a lawyer who has spent more years than I would like to mention
preparing National and International Conditions of Carriage perhaps I
can help.

99% of all contracts of carriage will be covered by a contract (which
will be referred to in the consignment note). The majority of carriers,
whoever they may be impose first limited liability based upon the
weight of the consignment and secondly a list of items which, if
carried, will not be covered for loss. Diamonds, cash, stamps, glass
and a very wide class of items are excluded. International conventions
(Warsaw, Geneva etd) also impose limites of liability for carriage of
goods by road and air based upon weight.

The general answer is to insure any item of value either with the
carrier (which is often not offered) or with your own insurance
company. That having been said goods in transit insurance is not cheap
(because items do disappear).

As to stamps there are specialist brokers will cover your items whilst
in the postal system.

Finally it would be very unusual for any government body to claim
sovereign immunity in a case of GIT even if it was able to rely on it.

Cheers

Robert

derbyboi wrote:
sniped message........

Finally it would be very unusual for any government body to claim
sovereign immunity in a case of GIT even if it was able to rely on it.

Cheers

Robert

Thank you Robert for the excellent explanation.
I obtained my information from the local newspaper, the package in
question was a diamond braclet lost in the mail. The "sovereign
immunity" came from the court clerk when the sender tried to file a
lawsuit.
It also explains a claim from a local dealer's lost shipment of stamps.

Ralphael, the OLD one.
By The Way, I am sending your post verbatum to people I know.

I certainly opened a can of worms here. Several relpies and I still
don't know about USPS but much about Sovereign Immunity.
Two of LN in DC posts muddys the waters:

Product Placement on Stamps
LN in DC Aug 2, 11:01 pm
Whad'ya expect when the post office is "privatized"?

OT Sovereign Immunity
LN in DC Aug 2, 10:41 pm
The USPS is still an agency of the US government.

Agency of the US government and "privatized."
I suppose it means no one wants anything to do with the carrier of
mail.
Sounds like the FDIC and FSLIC have a bed buddy.

Ralphael, the OLD one

Ralphael1 wrote:
I certainly opened a can of worms here. Several relpies and I still
don't know about USPS but much about Sovereign Immunity.
Two of LN in DC posts muddys the waters:

Product Placement on Stamps
LN in DC Aug 2, 11:01 pm
Whad'ya expect when the post office is "privatized"?

This was a comment about the Dutch post office, not the USPS.

= Eric

OT Sovereign Immunity
LN in DC Aug 2, 10:41 pm
The USPS is still an agency of the US government.

Agency of the US government and "privatized."
I suppose it means no one wants anything to do with the carrier of
mail.
Sounds like the FDIC and FSLIC have a bed buddy.

Ralphael, the OLD one