In the Matter of a Mail Dispute Between:               )
                                                                               )
LOUIS DeLEGGE                                                    )
                                                                               )
and                                                                         )
                                                                               )
PARK AVENUE FINANCIAL SERVICES                  )    P. S. Docket No. MD-183

Appearance for Mr. DeLegge:                               Louis DeLegge, Pro Se
1960 North Oakwood Drive
Arlington Heights, IL 60004-7298

Appearance for Park Avenue
Financial Services:                                                 Linda A. Collins, Pro Se
Manager, PAFS
225 East Park Avenue
Libertyville, IL 60048-2803

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is addressed to Louis DeLegge, individually or with any firm name, and/or Golden Rule Insurance, Franklin Insurance, American Family Insurance, Safeco Insurance, Family Insurance Agency, Inc., at 225 E. Park Avenue, Libertyville, IL 60048-2803. Disputants Louis DeLegge and Park Avenue Financial Services have both filed written submittals as required by 39 C.F.R. § 965.5. Neither has filed a comment as permitted under 39 C.F.R. § 965.6. The following findings of fact and conclusions of law are based on the submittals filed by the parties and the documentation forwarded by the Office of Field Legal Services.

FINDINGS OF FACT

1. Park Avenue Financial Services ("PAFS") is located at 225 E. Park Avenue, Libertyville, IL 60048-2803, which is the address in dispute. PAFS is a General Agent which maintains contracts with various insurance companies to sell insurance and other related products issued by the companies. PAFS sells insurance through insurance agents and brokers, who are independent contractors. The president of PAFS is Mr. Peter R. Heckmann.

2. Disputant Louis DeLegge ("DeLegge") is an insurance agent. He sells insurance in his own name, as well as in the names Louis DeLegge Agency, Inc., and Family Insurance Agency, Inc. Prior to January 1993, he was associated with PAFS and sold insurance products issued by various companies under PAFS contracts, including Safeco Insurance, Franklin Insurance, and Golden Rule Insurance.

3. On or about January 18, 1993, Disputant DeLegge severed his relationship with PAFS. Disputant DeLegge filled out a Postal Service change of address form seeking to have the mail in dispute forwarded to 1960 North Oakwood Drive, Arlington Heights, IL 60004-7298.

CONCLUSIONS OF LAW

1. Disputant DeLegge maintains that the disputed mail should be forwarded to him at his Arlington Heights address because he was never an employee of PAFS but, rather, an independent business agent since 1973, and that the mail belongs to him. PAFS contends that all of the disputed mail should be sent to it because it continues to service Safeco, Franklin, and Golden Rule policies that were sold by Mr. DeLegge during the time that he was associated with PAFS. With respect to American Family Insurance, PAFS admits that it does not represent that company but contends that the American Family Company carries its workmens' compensation and property insurance.

2. While Disputant DeLegge was not an employee of PAFS, he was an independent contractor who transacted business from the address where PAFS is located. The Domestic Mail Manual ("DMM") provides that mail addressed to a current or former "official, employee, contractor, client [or] agent, etc. of the organization at the address of the organization is delivered to the organization. . . . If disagreement arises as to where such mail should be delivered it must be delivered according to the order of the president of the organization or equivalent official." DMM § 153.41.^1/

3. Disputant DeLegge was formerly associated with PAFS as an independent contractor. He sold insurance and other related products under certain contracts PAFS maintained with insurance companies, and PAFS reported his commission earnings to the Internal Revenue Service. As a former contractor or agent affiliated with PAFS, any mail addressed to him at the address of PAFS must be delivered to PAFS. Accordingly, the president of PAFS, Mr. Peter R. Heckmann, has the right to control delivery of the mail in dispute in this matter.

4. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership. If either party to this dispute receives any mail intended for the other, that party is responsible for assuring delivery of the mail to the correct recipient.

5. The attached mail delivery order should be issued.

Judith A. Dowd
Administrative Law Judge

1/ The full text of § 153.41 of the DMM is as follows:

All mail addressed to a governmental or non-governmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. This regulation also applies to mail addressed in this manner to former officials, employees, contractors, agents, clients, etc. of the organization. If disagreement arises as to where any such mailed should be delivered, it must be delivered according to the order of the organization's president or equivalent official.