Page:United States Statutes at Large Volume 109 Part 1.djvu/925

 PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 909 to a shipment, or agreed to between the shipper and the carrier, is based. The copy provided by the carrier shall clearly state the dates of applicability of the rate, classification, rules, or practices. "(C) PROHIBITION AGAINST COLLECTIVE ESTABLISH- MENT.— No discussion, consideration, or approval as to rules to limit liability under this subsection may be undertaken by carriers acting under an agreement approved pursuant to section 13703. "(2) WATER CARRIERS. — If loss or injury to property occurs while it is in the custody of a water carrier, the liability of that carrier is determined by its bill of lading and the law applicable to water transportation. The liability of the initial or delivering carrier is the same as the liability of the water carrier. " (d) CIVIL ACTIONS.— "(1) AGAINST DELIVERING CARRIER.—^A civil action under this section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State through which the defendant carrier operates. "(2) AGAINST CARRIER RESPONSIBLE FOR LOSS. —^A civil action under this section may be brought against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred. "(3) JURISDICTION OF COURTS.—^A civil action under this section may be brought in a United States district court or in a State court. "(4) JUDICIAL DISTRICT DEFINED. —In this section, 'judicial district' means— "(A) in the case of a United States district court, a judicial district of the United States; and "(B) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction. " (e) MINIMUM PERIOD FOR FILING CLAIMS.— "(1) IN GENERAL. — A carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. "(2) SPECIAL RULES. — For the purposes of this subsection— "(A) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and "(B) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for

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