---
kind: "section"
citation: "33 C.F.R. § 25.705"
title: "33"
number: "25.705"
heading: "Claims not payable."
url: "https://uscodex.org/cfr/33/25.705"
---

# §25.705. Claims not payable.


A claim is not payable under this subpart if it:

- (a) Is for death or personal injury;
- (b) Results wholly or partly from the grossly negligent, or reckless act of the claimant, claimant's agent or employee;
- (c) Is a subrogated claim;
- (d) Is for damage to or loss of property owned by the United States or property of a Nonappropriated Fund Activity;
- (e) Results from negligence;
- (f) Is for indirect or remote damages;
- (g) Is for damage to or loss of property resulting from the act or omission of a member of the Coast Guard acting within the scope of the member's employment;
- (h) Extends to damage or loss that results from the owner's failure to mitigate damages; or
- (i) **Has been paid by a third party.**

## Notes

### Authority

Authority: 10 U.S.C. 939; 49 CFR 1.46(b).

### Authority

Authority: 14 U.S.C. 503; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR 1.46(b), unless otherwise noted.

### Source

Source: CGD 80-033, 46 FR 27109, May 18, 1981, unless otherwise noted.