Class Action: Generali Global Assistance Wrongfully Denied Insurance Claim for COVID-19-Related Trip Cancellation
by Erin Shaak
Robbins v. Generali Global Assistance, Inc. et al.
Filed: June 2, 2020 ◆§ 2:20-cv-04904
A class action claims Generali wrongfully denied a consumer’s trip insurance claim after he was forced to cancel due to COVID-19-related travel restrictions.
Generali Global Assistance, Inc. CSA Travel Protection and Insurance Services Generali U.S. Branch
California
A proposed class action claims Generali Global Assistance, Inc. wrongfully denied a consumer’s trip insurance claim after he was forced to cancel due to COVID-19-related travel restrictions.
According to the suit, the Beverly Hills man purchased a policy from Generali, which does business as CSA Travel Protection and Insurance Services, on February 7, 2020 to insure a trip to Deer Valley, Utah scheduled for April 4 to 12, 2020. The policy, the suit says, specifically provided coverage for various occurrences that might cancel a trip, including being quarantined. Per the case, the policy defined quarantine as “the enforced isolation of you or your Traveling Companion, for the purpose of preventing the spread of illness, disease or pests.”
The plaintiff claims he was forced to cancel his travel after California Governor Gavin Newsom issued on March 19 an executive order directing those in the state to “stay at home and avoid non-essential travel.” After the plaintiff filed a claim with Generali to recover $7,681.77, the maximum insurance coverage limit under his trip insurance policy, he received a May 20 letter in which the company informed him that his claim was denied.
According to the case, Generali insisted that because the plaintiff purchased his policy after January 29, the coronavirus outbreak was considered a “foreseeable event” and was therefore not covered. Instead of a refund, the company has offered the man a voucher for the full amount of his insurance premium to be applied to a future trip, the suit states. The plaintiff argues that the executive orders that forced him to cancel his trip were unforeseeable given they were issued more than five weeks after he purchased his Generali insurance policy.
The lawsuit looks to certify the following class:
“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.”
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