I always wondered which party makes a claim against insurance in event of a loss.

I presume it is the seller, as they took out the insurance, the shipping paperwork is in their name.
If this is the case, then surely it is up to the seller to get insurance for themselves. Therefore, a buyer should get a refund if they do not receive an item, whether it is insured or not??

Essentially, isn't the onus to get insurance on the sender / seller??

So, why shouldn't Tom get a refund, he didn't receive something that he paid for? The sender didn't take out insurance, that's their problem?

Am I wrong??