Claims Study Guide - Terminology

A payment made in advance of the final settlement of a claim. Such payment applies only to certain claims. If claim is later denied, SJA will initiate recoupment action.

A computer software program that allows claims offices to electronically adjudicate claims. It also collects data and provides monthly reports that allow legal offices to brief commanders at all levels.

A request by the claimant to reevaluate his/her claim.

In the event that someone presents a claim, other than the proper claimant, evidence authorizing this action must be included in the claim file. This evidence may be in the form of a power of attorney, court order, or other legal document.

Applying certain standards and/or procedures to determine the amount payable on a claim, if any.

Any person or corporation, including a legal representative, with the authority to act on a claimant's behalf. Examples include family members, friends, and attorneys.

Civilian employee of the US Government who is paid from appropriated or non-appropriated funds. Includes volunteer workers, but not contractors or their employees.

Any signed, written demand made upon or by the Air Force for the payment of a specific sum. It does not include any obligations that the Air Force acquires in the regular procurement of services, supplies, equipment, or real estate.

An individual, partnership, association, corporation, country, state, or territory that files a claim.

The last administrative decision to deny a claim.

The territorial area that an SJA has responsibility for in the event a claim arises.

Individual uniformed members of the armed forces.

To pay or deny a claim, in full or part.

The maximum time period in which certain actions can be brought or rights enforced.

Any person authorized to settle claims.

Money allotted by Congress for a specific purpose. Can only be spent on the purpose(s) for which Congress allotted the funds.

Damages resulting from an action by the enemy or by the US Armed Forces engaged in, or in immediate preparations for, impending armed conflict.

Rule applied by some states measuring negligence in terms of percentage of liability and limits each party's recovery to the percentage caused by the other party.

An agreed settlement to a claim based upon the facts, the law, and the application of the law to those facts.

When the party presenting a claim contributed to the cause of the accident, some states prohibit that party from recovering any amount, regardless of the degree of his/her negligence.

When a claim is presented against a party who has already presented a claim.

An individual, partnership, association, corporation, or governmental body (not an instrumentality of the United States) against whom the United States has a claim.

A "term of art" that has specific meanings, depending on the statute to which it applies. Under MPCECA, it denotes losses of of goods and/or vehicle. Under FCTA and MCA, means circumstances at time of military member's injury or death are part of duty and neither the member or his/her survivors can be paid as a result.

The law of the area; law of the jurisdiction where the claim arises.

A contest in a court of justice for the purpose of enforcing a right or seeking a remedy.

A failure to act as a reasonably prudent person would under the same or similar circumstances.

Activities which are not supported by appropriated funds; claims will not be paid from appropriated funds but rather from the funds of that particular activity or insurer.

Activity other than combat, war, or armed conflict; activity is particularly military in nature, has little parallel in civilian pursuits, and has been historically considered as furnishing the proper basis for claims.

Includes both bodily injury and death.

Damage to, loss of, or destruction of real or personal property.

Any property of, or in the service of, the United States.

The dominant or primary cause of an injury or loss.

When Air Force military or civilian personnel act, when expressly directed, implied, or authorized by competent authority. May be considered "in the line of duty."

A document stating the amount to be paid is acceptable as full and final settlement of the claim and releases the party involved from further liability.

An action brought against or on behalf of the United States through the civilian court system in an attempt to remedy a claim.

A term used to include all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. One not a party to an agreement, a transaction, or an action, but who may have rights therein.

A civil wrong in which one party causes personal injury or property damage to another and may be liable in damages. Must have had duty to do or not to do a certain act, breached/violated that duty, the breach/violation caused or was the proximate cause of the damage, and the breach/violation caused property damage, personal injury, or death.

One who commits or is guilty of a tort.