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<p>[QUOTE=&quot;NPCoin, post: 653086, member: 5629&quot;]No, it&#039;s opinion.&nbsp; But we&#039;ll get to your questions.</p><p><br /></p><p><br /></p><p>You are trying to over simplify things here, so I&#039;ll answer yes or no and refer to a relevant <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">USPS DMM</a> clause or other reference for you to look up. Since you want simple yes or no, I will not enlighten you on the contractual reasons for the answer and reference.&nbsp; I&#039;ll assume USPS insurance is being discussed when answering except for the first question, as there are other options to the buyer for insurance.</p><p><br /></p><p><br /></p><p>(For USPS Insurance only, yes...but) No:</p><p><a href="https://www.shipsurance.com/coverage_order_start.asp" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.shipsurance.com/coverage_order_start.asp" rel="nofollow">Private Shipping Insurance</a></p><p><br /></p><p><br /></p><p>No:</p><p>USPS DMM 609.1.3(a) and (b), 609.2.2, 609.3.1(b), 609.3.2, </p><p><br /></p><p><br /></p><p>No:</p><p>USPS DMM 609.1.3(a) and (b)</p><p><br /></p><p><br /></p><p>No:</p><p>USPS DMM 609.5.5</p><p><br /></p><p><br /></p><p><br /></p><p>that states: &quot;We reverse, concluding that Brawn (the seller) did not bear the risk of loss of goods in transit under the applicable Commercial Code sections discussed below.&quot;</p><p><br /></p><p>And what was it the appellate court was reversing???</p><p><br /></p><p>This:</p><p><br /></p><p>De ja vu.&nbsp; That seems to be the whole argument that has been pitted against the UCC cited in all of my posts so far.</p><p><br /></p><p>The above is what the appellate court reversed!&nbsp; The concept that the risk of loss of goods rested upon the seller.&nbsp; It is explicit (whether you agree with it or not) within the UCC that the risk, in the form of contracts we have discussed here, belongs to the buyer.</p><p><br /></p><p>Read the opinion at leisure with the above stated fact in mind.&nbsp; Everything I have posted has been a synopsis of the ruling in Brawn.&nbsp; There are things in the UCC that you may not necessarily understand on its face because of specific terms used.&nbsp; But, the opinion for Brawn is well written and informative, explaining in detail what the UCC means.&nbsp; (for instance &quot;at destination&quot; as opposed &quot;to destination&quot;, and what a shipping contract and destination contract are.)</p><p><br /></p><p>I really hoped that Hontonai would have interjected (under disclaimer if he felt the need to) some opinion on this matter, as you have said he is extensively qualified to make an educated opinion on this matter if any of us here are.</p><p><br /></p><p>Yet, I am still taken back at the fact that codified and common law citations are so quickly dismissed.&nbsp; We should spread knowledge and information that is backed by truthful and factual statements.</p><p><br /></p><p>Opinions are opinions, and we all have one and should express them as such.&nbsp; But, even the plaintiff in the Brawn case claimed that it was a &quot;fact&quot; and a &quot;matter of law&quot; that Brawn, the seller, had the risk of loss.&nbsp; And guess what the appellate court said?</p><p><br /></p><p>Well, I have told you so many times already.&nbsp; If you want to educate yourselves and read the citations given, all the better.&nbsp; If not, then there is no more on the matter I can give you, because I have better things to do with my time at the moment.</p><p><br /></p><p>I enjoyed some of the discussion in this thread.</p><p><br /></p><p><br /></p><p>Oops..almost forgot one:</p><p><br /></p><p>No:</p><p>Jacq Wilson et al vs. Brawn of California, Inc. A105461, A106368</p><p>UCC § 2-509</p><p><br /></p><p>The important thing about the Brawn case, is it reaffirmed the above referenced section of the UCC that makes it clear that the buyer does, in fact of law, bear the risk of loss in the type of contracts we have discussed here.[/QUOTE]</p><p><br /></p>

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