Billy, you're freaking me out.....
but since we're only speaking hypothetically:
First, I believe the receiver makes the claim (after all, whatever the goods contained in the package were, they were going to be in his possession and if destroyed he no longer possesses them).
Secondly, Ethan and Tony put up the original collateral for the pass and will receive the final payoff in cigars, but if it comes down to merely a cash payout it might as well be sent directly to them.