Legal Question in Business Law in Iowa

PO insurance

I sold an expensive handbag in my internet store the listing contract stated free shipping & signature confirmation insurance extra.Buyer wanted 2 day Priority.I agreed sent invoice. Paypal invoice was paid.At the PO I realized I forgot to add insurance on invoice.I myself purchased the insurance assuming buyer would reimburse me.Invoiced buyer.Invoice never paid.Bag delivered but buyer left town.Bag returned to PO.Buyer went later to pick up bag & it was supposedly returned to me.Never received.Tracked bag for 3+ weeks.Still said returned to me.Filed insurance claim. PO refused claim saying after investigation the bag had been delivered. Appealed because signature confirmation was never signed.Insurance money finally arrived. Buyer never paid for insurance.Even acknowledged she never paid for insurance just refused invoices. I paid for insurance. During initial sale I talked to buyer on phone she said she had a real good relationship with her Postman. Gave Xmas money to him for all he does for her. Talked with my Postmaster General she thinks the buyer has the bag just did not sign for it.Something just is not right she said. It has been almost 4 months.Who should get insurance money? What legal rights does the buyer have? Thanks


Asked on 9/19/08, 4:53 am

2 Answers from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: PO insurance

What does the EBay agreement state about these disputes? Read the online agreement and contact EBay.

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Answered on 9/19/08, 10:00 am
Robert Luedeman solo practitioner

Re: PO insurance

The buyer paid for the purse but never paid for the insurance. You collected on the insurance. You want to know whether you have to pay the buyer the insurance proceeds.

You've got no reason to think that this buyer is crooked other than suspicion and that's not really a valid reason to doubt her story, it's far more likely the package was, in fact returned and lost in shipping.

The way I look at it you got paid twice-once by the buyer and once by the insurance.

Unless you want to be in paypal and negative feedback hell over this I suggest you refund the buyer minus what you paid for the insurance and forget about it.

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Answered on 9/19/08, 10:02 am


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