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I have a question in regards to a package that was insured…

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I have a question in...
I have a question in regards XXXXX XXXXX package that was insured and shipped by ups.Upon delivery the light was smashed and after couple of weeks of dealing with ups and their insurance company they denied my claim. I had taken the package to the ups depot and had two employes inspect the item and package and tape up the box.They also gave me a receit stating "GOOD PACK".The insurance agent decline the clain anyway saying it was not packed by ups guide lines.What are my options is my question. Thanks John Bauler
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/14/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Who did you insure it THROUGH? UPS, or a third party company? Or the sender?





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Customer reply replied 8 years ago
I paid ups for the insurance they offered but in dealing with the actual insurance agent he gave me the impression that they were not directly connected with ups. He said that he was denying the claim because "IT WAS NOT PACKED BY UPS GUIDE LINES".When I told him that ups packed it and I had a reciet stating "good pack" he just kept repeting that it was not packed by ups guidelines and that their company was not going to honor the claim.
Lawyer: Ely, Counselor at Law replied 8 years ago
How much was the item/damage in dollar amount?
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Customer reply replied 8 years ago
It was insured for 400.00
Lawyer: Ely, Counselor at Law replied 8 years ago
You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract and fraud.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



In the end, the small claims court Judge decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

















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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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