[rescue] Re: Oh my lord (Sun A5000) -> Carrier Should be Criminal Fraud

[Leslie Connally]

I had the same experience with a seller, an A5000 and UPS.. The unit was
insured, and UPS denied the claim. Improper and insufficent packaging.
Underweight box, etc..

This happens alot to shippers and recipients, and there is an urban myth
that if you take UPS to court, you will win. triple damages. Because *IF
THEY AGREE AND ACCEPT MONEY TO INSURE IT, THEY ARE AGREEING TO INSURE IT*
If they accept a package they believe, or should believe,  will not survive
their processes, and still issue in insurance policy, they are not only
liable, but are guilty of fraud by accepting the package for shipment
knowing they will deny the claim.

Now I think this is partial myth, but IT IS SAID, if you are a really
intimidating person, and get in the claim agents face, and are ready to
back up your threats of legal action, and point out the fraudulent nature
of their claim denial (accepting money for an insurance policy they know or
should know very well they will have to pay but have no intention of making
good on) they will back down.


On a similar vein of this david & goliath thing, Novell and Adobe are fond
of having eBay auctions pulled as licence violations. I actually did know
someone who had his lawyer write Adobe a very stern letter accusing them of
"restraint of Trade" and they backed down.  So sometimes David does win..

Les

and no this is not legal advice