CSA, Generali Travel Insurance No Payout for Covid-19 Cancelation Class Action

Should travel insurance companies refund money prepaid for travel canceled due to the coronavirus? In this class action, the complaint claims that Generali US Branch and Generali Global Assistance, Inc., which does business as CSA Travel Protection, should provide a payout for a seven-day Hawaii trip prevented by restrictions or guidance from two state governments and the Centers for Disease Control and Prevention (CDC).

The class for this action is all persons who paid for or obtained a travel protection policy from the defendants in this case, and whose claims were denied after the trips were canceled due to Covid-19 or Covid-19-related government stay-at-home orders, proclamations, or guidance.

Plaintiff Mark Swafford, who lives in North Carolina, booked a stay at a rental home in Hawaii. He paid the cost of the rental home, $6,768.10, in advance.

When he booked the trip, he also took out trip insurance administered by CSA and underwritten by Generali. The complaint quotes the policy as saying, “Benefits will be paid, up to the amount in the Schedule, for the forfeited, prepaid, non-refundable, non-refunded and unused published Payment that you paid for your Trip, if you are prevented from taking your Trip due to one of the following unforeseen Covered Events…”

The list of covered events included being quarantined. The definition of quarantine in the policy was “enforced isolation of you or your Traveling Companion, for the purpose of preventing the spread of illness, disease or pests.”

Another covered event was, “Your Accommodations at your destination made inaccessible due to fire, flood, volcano, earthquake hurricane or other natural disaster.”

Covid-19 was declared a national emergency on March 13, 2020.

The states of North Carolina and Hawaii subsequently issued states of emergency orders. The Governor of North Carolina issued a stay-at-home order; at the time of filing of this complaint, the stay-at-home order was lifted but North Carolinians were still encouraged to limit non-essential travel. Meanwhile, the Governor of Hawaii imposed a mandatory self-quarantine of fourteen days on those entering Hawaii.

Guidance from the CDC said, in part, “Staying home is the best way to protect yourself and others from Covid-19.”

The complaint claims that all this adds up to a state of quarantine for the time of the trip.

Swafford canceled his trip around March 22, 2020. However, CSA has denied his claim for reimbursement. The complaint quotes the company as saying that “the Coronavirus outbreak is considered a foreseeable event under any plans purchased on or after January 29, 2020. Therefore, you could be covered if you are diagnosed with Coronavirus, but foreseeable events such as becoming quarantined due to the Coronavirus will not be covered.”

Article Type: Lawsuit
Topic: Insurance

Most Recent Case Event

CSA, Generali Travel Insurance No Payout for Covid-19 Cancelation Complaint

August 31, 2020

Should travel insurance companies refund money prepaid for travel canceled due to the coronavirus? In this class action, the complaint claims that Generali US Branch and Generali Global Assistance, Inc., which does business as CSA Travel Protection, should provide a payout for a seven-day Hawaii trip prevented by restrictions or guidance from two state governments and the Centers for Disease Control and Prevention (CDC).

CSA, Generali Travel Insurance No Payout for Covid-19 Cancelation Complaint

Case Event History

CSA, Generali Travel Insurance No Payout for Covid-19 Cancelation Complaint

August 31, 2020

Should travel insurance companies refund money prepaid for travel canceled due to the coronavirus? In this class action, the complaint claims that Generali US Branch and Generali Global Assistance, Inc., which does business as CSA Travel Protection, should provide a payout for a seven-day Hawaii trip prevented by restrictions or guidance from two state governments and the Centers for Disease Control and Prevention (CDC).

CSA, Generali Travel Insurance No Payout for Covid-19 Cancelation Complaint
Tags: Covid-19 Related, Insurance, Travel Insurance