(2) Assignment includes the transfer of receivables by way of security for indebtedness or other obligation, or by any other way, including subrogation by agreement, novation or pledge of receivables.

The insurer may deduct a corresponding sum from the amount of indemnity if it is not able to exercise the right of indemnity by subrogation due to the fault of the insured.

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

In the third instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

In the fifth instalment of category A claims, four claims were found to be duplicates of claims previously awarded compensation.

review of non overlapping claims in the FOURTHsecond group of overlapping claims

The right of indemnity by subrogation exercised by the insurer in accordance with the first paragraph shall in no way affect the insured's right of indemnity against the third party for the unindemnified amount.

Admissibility of claims

Matching of claims

After indemnifying the consignee, its insurers brought an action before the Commercial Court of Marseille on the basis of a right of legal subrogation which they possessed vis à vis the maritime carrier and its insurers.

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 claims.

These E4 claims were considered in the second instalment of E4 claims.

In the sixth instalment of category A claims, five claims submitted by Jordan were found to be duplicates of claims previously awarded compensation.

The large volume of complex claims precluded a detailed review of all individual claims.

Article 47 When the insurer exercises the right of indemnity by subrogation against a third party, the insured shall provide the insurer with all relevant and pertinent documents and information known to him her.

The average number of loss types is 3.14 for the claims in this instalment, compared with 2.01 for all claims in the regular category D claims programme, 1.93 for Jordanian claims and 1.71 for Kuwaiti claims.

Second instalment category A claims corrections Third instalment category A claims corrections Fourth instalment category A claims corrections Fifth instalment category A claims corrections Sixth instalment category A claims corrections First instalment category C claims corrections Fourth instalment category C claims corrections

Also, the availability of the necessary resources should allow that the panels of the Commissioners appointed to review claims in categories D (individual claims for losses over 100,000), E (corporate claims) and F (governmental claims) start their review of claims during the first quarter of 1997.

(o) Ranking of claims

Valuation of secured claims

Audit of travel claims

Verification of the Claims

Settlement of fewer claims.

Article 67 If the insured suffers from death, disability, or illness as a result of a third party's conduct, the insurer shall have no right of subrogation against the third party after the payment of the insurance benefits.

The fifth F4 instalment includes a number of claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories.

Duplicate claims are two or more claims filed by an individual in the same claims category.

Of the 24 company claims in this instalment, 19 are stand alone claims four are corporate detainee claims and one is an E2 claim.

As a result of the computer programme and manual follow up, 37,850 category A claims were identified as confirmed duplicate claims during the course of claims processing.

Claims

claims

Claims

Rejection and or reduction of certain claims by the local and Headquarters claims review boards.

Accessibility of restitution claims procedures

Admission or denial of claims

Filing of claims by representation

IV. COMPENSABILITY OF THE CLAIMS

VI. QUANTIFICATION OF THE CLAIMS

As stated above, the eligible category D Palestinian late claims have a higher incidence of loss types and higher amounts claimed than claims in the regular category D claims programme, giving rise to a potential risk of overstatement of the claims.

The first step was the electronic matching of claims and the manual verification of matches in order to identify those claims filed under the late claims programme by claimants who previously filed claims during the regular filing period.

Details of the claims or parts of claims that were deferred from previous F4 instalments or transferred from other claims categories are discussed in the relevant sections of this report.

(v) Provision of secretariat services to the Claims Board and the Advisory Board on Compensation Claims.

The Board examined a random sample of 25 category B claims and found that, as in the case of category A claims, the quality of evidence supporting the claims was variable.

duplicate claims Two or more claims filed by a claimant under the late claims programme in the same category.

The total number of claims recommended for payment in the special instalment includes 602 claims originally filed as part of the 605 deceased detainee claims plus two claims for personal injuries resulting from landmine explosions filed pursuant to decision 12.