Legal Question in Civil Litigation in New Jersey
I asked FedEx to ship a package for me. It was an expensive item ($3000+), so I got 3rd party insurance for the full cost, as well as liability for $900 through FedEx to cover damage during shipping. I asked for (and paid for) Signature Confirmation to be put on the package. They are required to get Signature Confirmation with all packages valued at over $500 anyway.
When FedEx took the package from me, they marked on the Airbill "Signature not Required" and entered a "declared value" of $0, which meant that the driver was NOT required to get a signature for the package!
The driver did not get a signature, and the package was stolen, as it was left at the front door.
In order to be covered by my 3rd party insurance for the full cost of the item, they REQUIRED that a signature be obtained, otherwise they wouldn't cover me.
FedEx has said that they will compensate me for the value listed on the Airbill of $900. But their inability to get me the Signature Confirmation that I asked for has prevented the 3rd party insurance from covering me.
If I were to take FedEx to Small Claims Court, would I be able to argue that FedEx is responsible for compensating me for the FULL amount of the item because their mistake cost me my insurance coverage with the other company?
1 Answer from Attorneys
Yes. I recommend that you also name the insurer in the same suit. Your claim against the insurer is in contract. You allege breach of contract and counter the affirmative defense of your not meeting the contractual requirement by arguing that you did all that the contract required by arranging with Fedex for signature confirmation. By having both defendants in the same suit, you are covered when they start pointing fingers at each other.
If you have the time, you can take my course "Sue Yourself" at Camden County College. See my web site for the course description.
See also: http://info.corbettlaw.net/lawguru.htm
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