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Generali Global Assistance Inc. has been hit with a class action lawsuit by insureds who claim that the travel insurance company rejected a claim when the plaintiff’s flight was canceled due to the coronavirus.
Plaintiff Richard Robbins says he purchased a travel insurance policy through the defendant for a trip that he planned to take to Utah between April 4, 2020 and April 12, 2020. He claims that he purchased the travel insurance to guard against trip cancellation, trip interruption, and travel delays.
The plaintiff says the travel insurance policy specifically provides for coverage benefits for various stated occurrences, including being hijacked or quarantined. He states that the insurance policy defines quarantine as “the enforced isolation of you or your Traveling Companion, for the purpose of preventing the spread of illness, disease or pests.”
Due to California’s stay-at-home orders starting on March 19, 2020, Robbins reportedly was forced to cancel his trip to Utah. He then filed a claim with the defendants seeking coverage under the insurance policy for his damages and losses. The plaintiff notes that he was seeking the maximum insurance coverage limit provided by the insurance policy in the total amount of $7,681.77
On May 20, 2020, the plaintiff maintains that he received notice from the defendant denying his claim for coverage due to the exclusions in the policy. According to the Generali trip insurance class action, the denial notice states that the coronavirus is considered a foreseeable event under any plans purchased on or after Jan. 29, 2020.
Robbins also states that Generali told him in the claims notice that it would be providing him with a voucher for the full amount of the insurance premium that he paid which can be applied to a future trip. The plaintiff says the defendant has caused him actual harm, injury-in-fact, and loss of money.
Robbins claims that he was injured because he paid $472.43 for the insurance policy to insure against trip cancellation, trip interruption, and travel delays for the trip he intended to take to Utah. In addition, as a result of the civil authority orders which ordered all citizens to stay home and avoid non-essential travel, plaintiff did not travel, resulting in losses and damages.
“Plaintiff and all members of the Class have each been deprived of money and other benefits afforded by the terms of the travel insurance policies issued by Defendants, including the use of their money and interest, requiring compensation and restitution,” the Generali travel insurance class action lawsuit goes on to state.
Robbins maintains that the defendants breached the terms of the insurance policy and similar travel insurance policies purchased by each member of the putative Class by failing and refusing to perform their contractual duties to pay for all losses associated with the policy.
The Generali trip insurance class action lawsuit explains that the defendant improperly denied coverage and did not provide the benefits required under the insurance policies purchased by each member of the potential Class.
“As a direct result of Defendants’ conduct as alleged above, Plaintiff and each member of the Class have been deprived of the benefits of the insurance coverage for which they paid substantial premiums,” the Generali travel insurance class action lawsuit goes on to state.
In addition, Robbins notes that the gravity of consequences of the defendant’s conduct outweighs any justification or motive and is immoral, unethical, oppressive, unscrupulous, and offends established public policy.
Common questions of law and fact in the Generali trip insurance class action lawsuit include: 1) whether the defendant’s conduct constitutes a breach of contract; 2) whether the defendant’s conduct constitutes tortious breach of the covenant of good faith and fair dealing; 3) whether the defendant’s misconduct is an unlawful, unfair, or fraudulent business practice; and 4) whether, prior to the CDC’s “30 Days to Slow the Spread” campaign, it was foreseeable that quarantine orders would be issued.
Prospective Class Members in the Generali trip insurance class action include: “All persons who purchased from Defendants or any affiliate or subsidiary entity a travel insurance policy with quarantine coverage and subsequently cancelled their trip due to Civil Authority Orders issued by federal, state and local authorities which ordered all citizens to stay at home and avoid nonessential travel as a result of the Coronavirus but have not received coverage from Defendants for losses incurred.”
Have you had trip insurance coverage denied? Get legal help here.
The plaintiff is represented by Daniel L. Germain of Rosman & Germain LLP and Christopher P. Ridout of Zimmerman Reed LLP.
The Generali Trip Insurance Class Action Lawsuit is Robbins v. Generali Global Assistance Inc., Case No. 2:20-cv-04904, in the U.S. District Court for the Central District of California.
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