Hypothetically speaking, the carrier would probably deny a claim under these general facts as they arguably met the terms of the insurance agreement- the secure delivery of the package, which appears (at least from the record) to have occurred. That said, an examination of this agreement would be necessary on what is and what is not covered.
If one could establish receipt by the third party, one might allege that the recipient owes a duty as bailee of the cards which they are alleged to have breached by losing the package. This too depends on the jurisdiction's common and statutory law -- counsel that only a licensed attorney within the jurisdiction would be able to provide.
Last edited by usernamealreadytaken; 10-16-2012 at 01:06 PM.
|