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<p>[QUOTE=&quot;NPCoin, post: 652346, member: 5629&quot;]Please reference the USPS Domestic Mail Manual section on <a href="http://pe.usps.com/text/dmm300/609.htm" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://pe.usps.com/text/dmm300/609.htm" rel="nofollow">indemnity claims</a> and the UCC section on <a href="http://www.law.cornell.edu/ucc/2/article2.htm#s2-504" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.law.cornell.edu/ucc/2/article2.htm#s2-504" rel="nofollow">Shipment by Seller</a>.</p><p><br /></p><p>Codified and common (case) law already demonstrate that the risk of loss falls to the buyer in a &quot;shipment&quot; contract unless explicitly provisioned otherwise.&nbsp; However, if insurance is elected and paid for by the buyer to the seller to obtain, then note paragraph (b) of the Shipment by Seller section.</p><p><br /></p><p>If the good is lost or not received, and insurance was paid for by the buyer, and the seller bought USPS insurance for the item as paid for by the buyer, the UCC requires the seller to tender the proper documentation to the buyer for the buyer to make the insurance claim (&quot;otherwise required by the agreement or by usage of trade&quot;).&nbsp; The USPS DMM 609 1.3(b) clearly states that the addressee may file the claim on lost items with the proper documentation.</p><p><br /></p><p>Now, just because it is simpler for the seller to refund the money and file the claim themselves in no way denotes that this is the requirement of law.&nbsp; Nor does it imply that to do otherwise is in any way illegal.&nbsp; It is just the more simple and customer oriented way of doing business.</p><p><br /></p><p>And, I believe, this is the whole point of this discussion.&nbsp; The point is not to determine any ethical nor sensible right or wrong, but the technical and legal right and wrong of the situations presented.&nbsp; It is just simply wrong to make claim that a specific practice authorized under contract and in accordance with law is in any way &quot;illegal&quot;.[/QUOTE]</p><p><br /></p>

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