I think it is the reponsibility of the eBay seller to make sure you get it (legally, ethically and standard practices), and there is only one exception (which does not apply here), that the seller suggested insurance but you refused it/didn't want to pay for it. Here you have a second thing on your side (and the seller will have to admit it) -- that it was not packaged securely. A third thing on your side is to tactly mention that you don't want to leave negative or neutral feedback..........Maybe you can convince him that you should get all your money back under the circumstances. You have to judge whether to leave bad feedback and risk retaliation.
Robt.