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<p>[QUOTE=&quot;GDJMSP, post: 652756, member: 112&quot;]Now wait a minute, let&#039;s be absolutely clear on something here. It is what I consider to be the crux of the issue at hand. The buyer absolutely cannot obtain insurance - this is not opinion, this is fact. The only thing the buyer can do is to agree to pay, in advance, the seller for the insurance that the seller obtains for himself.</p><p><br /></p><p>Now I am going to ask some simple questions, and I&#039;d like you to answer with a simple yes or no ?</p><p><br /></p><p>The seller, who also happens to be the person who is shipping the item, is the only person who can purchase the insurance - yes or no ?</p><p><br /></p><p>The seller/shipper is the only person who is covered by this insurance - yes or no ?</p><p><br /></p><p>If an insurance claim needs to be filed, the seller/shipper ( the person who actually buys the insurance ) is the ONLY person who can file that claim - yes or no ?</p><p><br /></p><p>If the insurance company determines that the claim is valid and that they will pay, the ONLY person they will pay is the seller/shipper - yes or no ?</p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p>Oh I read it, maybe you need to read it again. There is basically one sentence in that ruling that is important. This one - </p><p><br /></p><p>&quot;At all times relevant, the terms of Brawn’s mail order form required the customer to pay the listed price for the goods purchased, plus a delivery fee and a $1.48 “insurance fee.” As to the last, the form recited: “INSURANCE: Items Lost or Damaged in Transit Replaced Free.”</p><p><br /></p><p>Now as I have already agreed, IF, and that&#039;s a big word, there is language in the contract stating that the buyer <u>must</u> or is <u>required</u> to pay the seller for insurance, then the seller is absolved from responsibilty of seeing to it that the item is delivered in good order.</p><p><br /></p><p>But IF, and again a big word, there is no such language requiring the buyer to pay the seller for the insurance, or if the insurance is made optional - then the seller is absolutely required to deliver the item in good order and the buyer bears no risk whatsoever. Now again I will ask you - yes or no ? </p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p>You are right, ebay is not the law. And nobody, at least not that I have seen, has ever said that it is the buyer&#039;s responsibility to insure an item. What has been said, and what ebay is saying,&nbsp; and what is the law, is that a seller is required to deliver the item to the buyer in good order. </p><p><br /></p><p>The ONLY exception to that is if language contrary to that is placed into the contract as we have discussed above.</p><p><br /></p><p>The only thing that insurance does is give the seller a way to recoup his losses if the item he is sending to the buyer becomes lost or damaged in transit. But it is in no way required by any law. It is required by common sense.[/QUOTE]</p><p><br /></p>

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