Were coronavirus-related cancellations of travel in the summer of 2020 foreseeable? That’s what trip insurer Generali US Branch claims, but the complaint for this class action says otherwise. The complaint says that Generali should be making payouts for trips it insured that were canceled for reasons related to Covid-19.
The Nationwide Class for this action is all individuals who
- Bought travel insurance from Generali with policy or certificate form series T001 before March 13, 2020,
- Canceled the insured travel plans because of covered events relating to Covid-19, and
- Had damages such as nonrefundable deposits or other amounts paid for travel and and covered by the travel insurance policies.
The plaintiff in this case, Shelley Keith, lives in South Carolina. In February 2020, Keith made reservations for a trip to St. John in the Virgin Islands from June 28 to July 5, 2020, including air travel, for herself and her family. She then bought a “CSA Travel Protection” policy covering the trip which specified that the insurer was Generali US Branch.
Keith eventually decided to cancel her trip, for a number of reasons:
- Covid-19 was widespread in South Carolina, the US, and abroad.
- She was afraid to travel during a pandemic.
- Government and private entities had issued health and travel advisories due to Covid-19.
- Her son’s graduation was rescheduled from June 4 to June 30, 2020.
Keith canceled the trip. On June 2, she went online to file a claim with Generali for the nonrefundable $5,254.88 she’d put down for her trip.
Generali’s website displayed a notice saying that claims related to Covid-19 would be rejected because the virus was a foreseeable and excluded event for travel purchased after January 29, 2020. Persons filing a claim had to check off a “Claim Reason.” Keith checked “Other,” then mentioned her son’s changed graduation date.
Covered events under the policy include,
- “Being… quarantined;”
- “The school where you attend must extend its operating session beyond its predefined school year due to unforeseeable events…”
- “Your Accommodations at your destination [have been] made inaccessible due to … other natural disaster.”
The complaint lists CDC recommendations and “Key Points” related to travel curing the pandemic. Foreign countries have had their own recommendations and limitations on travel from the US. All of these things, the complaint says, amount to a “quarantine.” Also, it says, the virus is a “natural disaster.”
However, Generali replied to Keith that the cause of loss for her trip was not due to an event that was covered by her policy and that it was also excluded since her travel was booked after January 29. The only thing the company offered he was a voucher for the amount of the premium she had paid for the insurance.
The complaint notes that the World Health Organization did not declare Covid-19 a pandemic until March 11, 2020. It alleges that Generali breached its contract with Keith.
Article Type: LawsuitTopic: Insurance
Most Recent Case Event
Generali US Branch No Payout for Covid-19 Cancellations Complaint
October 20, 2020
Were coronavirus-related cancellations of travel in the summer of 2020 foreseeable? That’s what trip insurer Generali US Branch claims, but the complaint for this class action says otherwise. The complaint says that Generali should be making payouts for trips it insured that were canceled for reasons related to Covid-19.
Generali US Branch No Payout for Covid-19 Cancellations ComplaintCase Event History
Generali US Branch No Payout for Covid-19 Cancellations Complaint
October 20, 2020
Were coronavirus-related cancellations of travel in the summer of 2020 foreseeable? That’s what trip insurer Generali US Branch claims, but the complaint for this class action says otherwise. The complaint says that Generali should be making payouts for trips it insured that were canceled for reasons related to Covid-19.
Generali US Branch No Payout for Covid-19 Cancellations Complaint