Opening a PayPal claim after declining insurance

[dvansickle21]

I'm looking for some advice on potentially opening a claim against a seller for an item I never received.  In the auction listing, the seller disclaimed that unless the buyer (me) purchased additional shipping insurance, they would not be held responsible for lost or damaged items.  I use Ebay quite frequently and very rarely (if ever) have I seen a seller request the buyer to purchase additional shipping insurance, so of course I passed on it...and of course, the item hasn't shown up yet.  My question is this; If I open a dispute, will PayPal take into consideration the seller's disclaimer, absolving themself of any responsibility for the lost item because I declined the additional insurance, or is that irrelevant from PayPal's standpoint?

Thanks for any help!

[BigKahuna97]

The seller has an obligation to ensure your package arrives within a reasonable time and in the condition the item was stated to be in.  While you did not purchase insurance it would still be on the seller to provide you a refund if he/she can not prove the item was delivered.  Don't worry about his disclaimer, consumer rights trump it.

Hope this helps