Shipping Insurance Liability Question..Resolution

[Jason]

I recently sent a 10 card submission to one of the 3 big grading companies.The package was insured and had tracking.It showed delivered to the grading company on Oct 10.A quick call to the post office confirms this.Here is the rub,the grading company claims to never have received said package.Of course I had to pay for return insurance through the company as well.So with this package seemingly in limbo,who if anyone is culpable for the insurance claim?This is my first issue of this sort so I'm looking for a little help or similar experiences.Thank You.Jason Wells

[usernamealreadytaken]

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.

[smtjoy]

Did you send the cards with signature confirm on it?

[Jason]

Originally Posted by smtjoy

Did you send the cards with signature confirm on it?

No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

[t206hound]

Originally Posted by Jason

No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

Signature is required for any item insured for $200 or more.

[smtjoy]

Signature is required above $200 value so assuming you had that, then get with post office and get copy of the signature so you can present it to TPG as proof that the package was delivered (this signature is normally only used when there is a claim for damage). I would never send anything to a TPG without Signature Confirmation even if its insured, for $2.15 this is your proof it was delivered and who received it.

If the cards were valued under $200 and no signature was needed I think it are screwed as you have no way to prove who got the package. All you can do here is report it to the post office that the receiver claims to never have gotten it and they can keep an eye out if it turns up.

I also agree that you have no recourse with the USPS as they did what they were paid to do and there was no damage to the mail and that's all USPS insurance covers.

[Jason]

Originally Posted by usernamealreadytaken

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.

It's my thinking too that the carrier would be off the hook as they seem to have met all obligations of the transaction.It seems I have a long journey ahead as to a resolution on this matter.I hope it doesn't come to having to hire counsel on this to sort it all out.