I canceled my cruise because of the quake – why won’t insurance cover me?

January 6, 2011

Mike and Mary Burchmore thought they’d dotted all of their “i”s and crossed all of their “t”s when they booked their South American cruise on the Norwegian Sun.

They used a trusted travel agent affiliated with AAA. They even bought travel insurance through Access America, in case something went wrong.

And then something went wrong.

Just a few days before their departure, on Feb. 27, a devastating earthquake struck in Chile, where they were scheduled to begin their trip. The US State Department issued Travel Advisory to avoid non-essential travel to Chile. The Burchmores decided to heed the government’s advice.

Maybe they shouldn’t have.

Shannon Finnegan, their daughter-in-law, explains what happened next:

They promptly submitted a claim to the travel insurance company. It was initially denied because the cruise took place as scheduled.

When they pointed out that the problem was the Santiago stay and the travel advisory, Access America said that there would only be coverage if the hotel was completely uninhabitable.

Their research revealed that the hotel was only partially open and experienced frequent power outages.

Should the Burchmores have to take a $7,100 loss because of the fine print in their insurance contract?

I asked Access America about their case. Here’s what it had to say:

The travel insurance policy the Burchmores purchased includes a list of “covered reasons” for trip cancellation and trip interruption coverage.

In other words, the policy covers only the specific situations, events and losses as described in their policy.

Unfortunately, canceling a trip due to a travel alert or fear of traveling is not one of those covered reasons.

Additionally, the Burchmore’s travel insurance policy specifically excludes trip cancellation coverage arising directly or indirectly from “travel alerts or bulletins.”

As Ms. Finnegan describes, we do offer trip cancellation/interruption coverage when the customer’s destination is uninhabitable.

Our records show that their hotel was open and accepting guests during the time they were due to stay there. Should the Burchmores have evidence to the contrary, we would be more than happy to reconsider their claim.

Had the Burchmores called Access America before canceling their trip, they would have been told that they wouldn’t have been covered.

In their case, a “cancel for any reason” policy might have been more effective (but also more expensive) since it would have allowed them to call of their cruise without losing $7,100.

(By the way, I have two site underwriters, Squaremouth and TripInsuranceStore, that can help you find a reliable insurance policy.)

It’s clear to me that the couple was left with the impression, from either the travel agent who sold them the policy or from the insurance company, that they would be covered in the event of a natural disaster of this size. They couldn’t imagine Access America not processing their claim.

The Burchmores’ next step is court, according to Finnegan. It’s unclear if a judge will buy their argument that they were denied their claim on a technicality, or will take Access America’s side in this dispute.

We shall see.

(Photo: dmy trok/Flickr Creative Commons)

  • John

    Chris – I disagree that it was a technicality. They bought a policy that covered certain things. They cancelled their trip for a reason that wasn’t covered. They aren’t covered by the policy.
    I’m a big believer in trip insurance. I’m also a big believer in knowing what you are covered for before you make decisions. The Burchmores didn’t take the time to know what their policy covered. I’m sorry but that isn’t the insurance company’s fault nor should they have to pay.
    The Burchmores could have completed their trip as planned and chose not to. The hotel was open (but probably not as nice) and the ship sailed.

  • Flyer

    I may not like it, and it makes for good pro-passenger press, but in the end, insurance is a matter of technicalities.. before you buy you NEED to KNOW for sure EXACTLY what is or is not covered.. Sure, coverage could be easier to read, but in the end, where’s personal responsibility?
    Yes, the cruise passenger appears to have been forward thinking and bought insurance, but in the end, they chose to buy insurance that only covered certain events.. and this wasn’t one of them..
    I’m all for increased coverage, but I also realize that if insurance starts to pay out for things that are technically or otherwise a named peril, this only ends up driving up the costs for all us who have bought the correct and fuller coverages.

  • MarkieA

    Chris, you do this a lot; define something as a “technicality” when it specifically appears in the contract. I believe that’s an unfair characterization. If we can believe Access America, the exact situation that they encountered – not traveling due to a Travel Alert – was specifically prohibited from coverage. I don’t believe there’s enough information provided to determine whether or not the situation was actually dangerous. If the hotel was open and accepting guests….well, I’m not that familiar with the event described, so I can’t judge.

    For the first time in my life, I bought travel insurance – from Access America, coincidentally – when I recently traveled to Italy. Guess what? A volcano decided to erupt, and I was “stranded” in Florence for an extra 4 days. Tough situation, I know. I actually got reimbursement from AA – as well as the airline – for the extra hotel and food expenses. To be honest, I had great difficuly sifting through the paperwork that I signed, and I didn’t hold out much hope of getting anything due to this “Act of God”.

    The paperwork for these policies are doubtlessly fully understood only by those in the legal profession; they’re a mess. But that’s not a reason to believe that the company should pay out on something specifically prohibited, no matter how deeply it’s buried in the paperwork. And it’s not a “techicality”; it’s confusing and perhaps ambiguous, but it is legal.

  • Leland Ensor

    Having consistently been screwed by the financial services sector over the years, I am all for anyone who takes an insurance company, financial advisor, bank, stock broker, etc., to court. The ethics and the integrity of the financial services sector makes the customer service philosophy of the airline industry look clean and transparent in contrast.

  • Karen P

    I hate reading these stories because I feel like the average person cannot possibly know what they are really buying when they buy travel insurance. It seems no one finds out they aren’t covered until it’s too late. It shouldn’t be this hard.

    I have an upcoming vacation, should I start compiling a list of all the possible things that MIGHT happen and spend hours or, more likely, days finding a policy that will cover each one of those possible events? Course then what happens when something that I hadn’t even thought of occurs, I probably won’t be covered.

    I think there needs to be some sort of insurance overhaul, if you’re a travel insurance company then you cover all aspects of the trip, from A to Z. I cancel because a family member dies? Covered. I cancel because I was in a serious car accident the day before i was to leave? Covered. I get hit over the head during a robbery while I’m on my vacation? Covered. I don’t go on vacation because there’s been a natural disaster or some sort of other event and my country’s government is advising not to go there? Covered.

  • http://www.thetravelinggiraffe.com Crissy

    I wonder if the Burchmores would have taken the trip if they knew Access America wasn’t going to cover this cancellation.

    My other question is what was the reason for non-essential travel notice? They were going on a cruise, presumably not spending a lot of time on land.

    It sounds like (and I’m sure we’re missing part of the story) they didn’t check their insurance policy, nor did they seem to give much consideration to the reason the travel warning was issued and how it might have impacted their trip. If they had, I wonder if they would have enjoyed a $7,100 cruise with a few minor inconveniences.

  • Dave

    I had a trip scheduled to Easter Island & Santiago during this time too. I researched it and learned everything was okay. The trip went off without a hitch. Chile was/is very prepared for earthquakes and has recovered nicely. Perhaps they should do their own research in the future and not rely on the government, which puts out alerts to cover the government (CYA).

  • Arizona Road Warrior

    @ Chris: “They used a trusted travel agent affiliated with AAA.” Was this travel agent an employee of AAA or a travel agent that was placing his\her business through AAA? I am ‘confused’ by the phrase of ‘affiliated with AAA’.

    Personally, it is my opinion that most AAA travel agents are good only for trips to Disney. If you want a cruise or tour, find yourself another travel agent.

    “They even bought travel insurance through Access America, in case something went wrong.”
    - – - – - – - – - — – - – - – - –
    The travel insurance from Access America is almost as bad as the travel insurance (aka the travel protection plans) that are sold by the cruise lines and tour operators. They have several complaints against them.

    I am a firm believer of travel insurance. The first rule of buying travel insurance is to never buy it from the travel provider.

    The second rule of buying travel insurance is to never buy it from the travel agent since it requires an insurance license and most travel agents do not have an insurance license; therefore, they are selling the travel protection plans\travel insurance from the travel provider (refer back to rule # 1) and/or they are selling blindly (and possible illegally) to their customer (i.e. they don’t know what they are talking about).

    The third rule of buying travel insurance is reading the policy once you receive it to see what it covers and etc. If you don’t like the terms, the coverage, etc.; you can cancel it within the 10 days grace period.

    I have purchased travel insurance policies from Squaremouth (a current underwriter of this blog) and InsuredMyTrip (a former underwriter of this blog). First, they have a host of travel insurance policies. Second, if you have questions, you can speak to someone that can explain which is the best policy for them.

    The policies from Access America are usually much lower than the policies from the various insurance companies on Squaremouth, InsuredMyTrip, etc. I just run a quote on Access America and Squaremouth for an upcoming trip later this year. The price difference ranged from 2x to 3x. The bottom line is that you get what you pay for. IMHO, the reasons why Access America rates are lower are 1) less coverage, features and benefits and 2) they don’t pay out.

    “from either the travel agent who sold them the policy”
    - – - – - – - – - – - — – -
    How about them filing a complaint with the state insurance commissioner? I will bet that the travel agent wasn’t even licensed to sell insurance.

    How about contacting AAA? If this travel agent is an employee of AAA, AAA has a responsibility to make sure that their travel agents are selling policies correctly, etc.

  • Jonathan

    Sadly, they are facing a losing proposition. About seven years ago we were on a package tour to Prague/Budapest/Vienna when Prague was slammed with severe flooding. Our tour company easily re-routed us around the flooding but this meant instead of ending in Prague (where our flight home left from), we ended in Vienna. BA hit us with a $250/person change fee, which our insurance company refused to reimburse, claiming that when we were scheduled to arrive in Prague, the flood was gone and the hotel open (despite the fact that everything was covered with mud and most restaurants and sites were closed – our hotel was farther from the River and therefore not affected). Yes, they were within rights laid out by the insurance contract, but like Mike and Mary, the reality was a far cry from this!

  • Anne

    It’s specific — they weren’t covered for “alerts”, can’t imagine a judge overriding that. I can certainly see why they assumed they’d be covered, I would too. Very, very sorry this happened.

  • Thomas

    If I cancelled every international trip due to the US government issuing a travel advisory, I’d be out of business. As Chris stated, all they would have had to do was call beforehand, to find out if their insurance covered this decision on their part. It’s called taking responsibility. Before you purchase anything, find out the facts. All types of insurance policies have exclusions. How many times have we read in the paper about a homeowner losing their home to a natural disaster and then finding out they didn’t have the proper coverage?

  • karlakatz

    Just so folks know, when there’s so much money involved in a trip, instead of purchasing an insurance policy online, it’s better to deal directly with Access America via telephone (with email followups).

    I’ve purchased several policies from Access America, via telephone, and was able to obtain “cancel for any reason” policies. Yes, those types of policies are a bit more expensive, but the one time I had to file a claim, they paid my full loss amount (including tickets to the theater in NYC).

  • Bob Davis

    I’ve bought several travel policies over the years and actually read the complete terms before buying. They seemed very specific and fairly clear on coverage, although long-winded.

    When we eventually had to use one due to a hospital stay we sent in all the required documentation and were paid virtually the full amount requested with no back and forth at all. Totally satisfied.

    People need to take more responsibility for the things they sign up for.

  • Arizona Road Warrior

    @ Karen P – “I think there needs to be some sort of insurance overhaul, if you’re a travel insurance company then you cover all aspects of the trip, from A to Z.”
    - – - – - – - – - – -
    I agree. I think that there should be standardization for travel insurance policies. This is something that the Bureau of Consumer Financial Protection should do immediately.

    The government should standardize these policies like what they did for the Medicare-Gap (aka Medigap, Medi-Gap, etc.) policies back in the early 90’s. Before the standardization of Medicare Gap policies, it was hard for people to compare the different policies from the different insurance policies. Now, insurance companies can only sell a “standardized” Medigap policy. These Medigap policies must all have specific benefits so a person can compare them easily. A person can choose up to 12 different standardized Medigap policies (Medigap Plans A through L).

    It is my opinion that the travel providers (i.e. cruise lines and tour operators) that sell these so-called travel insurance policies (aka travel protection plans) will oppose it and lobby against it. They will claim that people will stop traveling with them because it will drive up the costs. The reality is that these ‘travel protection plans’ are pure profit for these travel providers because they don’t pay out on them since coverage is limited, restricted, etc.

    Over the years, I have read too many stories in this blog about travelers buying a travel protection plan\travel insurance policy from a travel provider and getting screwed. In regards to Access America, IMHO they are just a step up from these bottom feeders.

    If the government doesn’t want to regulate the travel insurance policies by having standard policies then it is my recommendaiton to purchase a policy from a site like Squaremouth or your homeowner\auto insurance agent.

  • mike

    Let’s see – they cancelled without calling insurer for a reason specifically not covered and want to be paid anyway? Too bad but they deserve no coverage.

    Maybe if they contact the cruiseline, it will give them a good will partial credit against a future cruise even though not deserved.

  • Brooklyn

    I think the regulators need to come down hard on this industry. Travel insurance policies should be all-inclusive by default but itemized, allowing the purchaser to specifically exclude areas in which coverage is not desired and to clearly see the price reduction that will result from each exclusion. In the long run, this would benefit the insurers because people like me, who wouldn’t touch their policies with a bargepole, would be willing to sign up. Certain types of coverage, such as trip cancellation for illness, should be mandatory in order to prevent whole planeloads of people from coming down with, for example, bird flu because a sick passenger had choose between flying and losing an expensive ticket; it’s a public health issue and should be treated as such.

  • MarkieA

    @Karen P
    I wholeheartedly agree that travel insurance paperwork is a nightmare to comprehend. Remember, the main business of ALL insurance companies is to NOT pay claims. Go into any good-sized city and notice who owns all of the largest office buildings – insurance companies. They didn’t buy those buildings using money they paid out.

    However, I believe that your suggestion of comprehensive coverage for EVERY contingency would be prohibitively expensive. They can offer a policy that would cover anything; do you want to pay $500 for your insurance policy on your $300 trip?

  • Mike Z

    “Their research revealed that the hotel was only partially open and experienced frequent power outages.”

    To me, this is where they have a case. Completely uninhabitable could mean that the hotel has been demolished. Uninhabitable to most travelers means the hotel doesn’t have basic services, such as ELECTRIC.

    I would take this to court simply because they can prove that the hotel was lacking basic services and wasn’t able to accomodate all their customers.

  • Arizona Road Warrior

    As Chris pointed out, they should have called America Access to see if their policy will cover them if they didn’t want to go because of the quake.

    Also, they should have called their agent to see what they should do, to see if they were covered (they did buy this policy from their travel agent…how about so service?). Doesn’t it bother any of you that the travel agent hasn’t been mentioned in this article? How about going to bat for your clients?

    Here is my guess of the situation:

    1. This travel agent is (or was) a “friend” of the family.
    2. This travel agent is a part-timer. I am ‘bothered’ by the phrase of “travel agent affiliated with AAA.” Why didn’t Chris wrote an AAA travel agent instead of “a travel agent affiliated with AAA”?
    3. They are ‘inexperienced’ travlers who got cold feet when the government issued the alert.
    4. They made a decision of not to go without contacting their travel agent and Access America.

    @ Crissy – “It sounds like (and I’m sure we’re missing part of the story) they…”
    - – - – - – -
    I agree.

  • SirWired

    @MarkieA: I’m with you MarkieA. It seems like something is a “technicality” whenever a consumer with a reasonable claim runs into equally reasonable contract language that denies their claim. In the end, the clearly written contract is SUPPOSED to win. This was not a contract that was fifty pages of dense legalese.

    ****

    @KarenP: Most (all?) of the insurance companies sell policies with a Cancel for Any Reason rider. If you don’t want a “Named Perils” policy, buy that optional (and understandably expensive) rider.

    *****

    I absolutely would have denied this claim. The OP could have made the trip, but chose not to. Insurance (without a Cancel for any Reason clause) NEVER covers simply not wanting to make a trip.

    They WERE covered for an earthquake. But the earthquake had to make their trip impossible, not merely less fun than they would have hoped, or more inconvenient. If their hotel had collapsed to the ground? Covered. If the airport had closed, making flying in impossible? Covered (unless they could have caught up with the cruise a day or two later and they failed to try.) Choosing not to travel because the hotel isn’t in great shape (and most of the vacation was going to be spent on the ship anyway…)? Not covered.

    If they go to court, they are going to lose. They simply had no covered reason to cancel the trip. The policy lists the reasons you can file a claim, and State Dept. Travel Warnings aren’t one of them. Period. End of Story. No wiggle room or vague contract language to argue over.

    Now, if the insurance companies were being smart, they’d consider selling a “State Dept. Warning” rider. Such a rider would naturally exclude countries with existing warnings at the time of purchase. But even if they did sell such a rider, I’d expect we’d see cases here of people buying the rider, and then wondering why they can’t get a refund for their trip to Somalia or North Korea that they decided to cancel.

    And Chris, I don’t think any policy sold by any of your underwriters would have covered this claim (at least not without that expensive Any Reason rider; which, BTW, does not provide a complete refund.)

    BTW Markie, you could rest easy on your claim; Acts of God are NOT an exclusion in any US Trip Insurance policy (at least, not ones with Natural Disaster and/or weather coverage, which most have); this is a common misconception that was repeated endlessly by clueless commentators during the volcano mess.

  • Leslie

    Maybe it’s just me, but I don’t understand why there would be any gray area in this situation.

    Not only did the cruise still take place, but the hotel was open. The Burchmores didn’t call their hotel to confirm it was open or not and they didn’t check with the insurance company before submitting their claim to verify what their contract would cover.

    If I was an insurance company, I wouldn’t cover cancellations for travel advisories/warnings either. Often, the State Department blows whatever situation is going on out of proportion (not always, of course, but most times that’s the case).

    I don’t see how the insurance company is in the wrong here. It seems like an open-and-shut case to me.

  • http://www.sanibel-rentals.net Sylvia

    Insurance policies, in general, are difficult to wade through and interpret but necessary reading unfortunately. The caveat in coverage appears to be there, so I don’t think there is anything to be done. When there is a true glitch with policies, prices, practicies, the “errors and omissions” restrictions on insurance companies could be put into use, but not in this case.

  • Bill

    I always buy travel insurance covering my travel vacations.
    I have had two instances where I had to make claims and in both cases the companies paid and covered by extra out of pocket expenses.
    That being said I agree with many comments on this board. I was lucky in that the problems that I had didn’t fall into one of the holes in the coverage.
    There are too many holes and the descriptions of what is and what is not covered is too complicated.
    The dilemma that the insurance companies have to deal with are claims from people that are trying to get the insurers to pay for problems that are the fault or choice of the policy holders.
    How do they know for example that the OP here didn’t decide not to go on this trip because of other personal reasons, and used the government alert as a excuse to try and recover their costs/
    I am not saying that is what happened here, but that this is a risk that the insurance companies have with a cancel for any reason policy.
    There has to be a way to make this easier.

  • cjr

    “They cancelled their trip for a reason that wasn’t covered.”

    The problem isn’t the cancellation, it’s the insurance. Somebody canceling because of a natural disaster where the trip is beginning SHOULD be covered.

    Insurance companies of all colors and stripes, whether it be travel, medical, etc, have gotten far too selective in what they choose to cover, leaving far too many people paying for what is essentially worthless insurance.

  • Sarah Di

    If the planes, hotel and cruiseline were operating; then they should have contacted the insurance company before cancelling instead of assuming that the insurance would cover it. It was their responsiblity and if it’s not part of the insurance company’s coverage, there’s nothing that can be done.

  • Arizona Road Warrior

    @ SirWired – “at least not without that expensive Any Reason rider; which, BTW, does not provide a complete refund.”
    - – - – — – - -
    You are generally right however there are some policies that are sold by Squaremouth that will give 100% refund DEPENDING upon the cancellation percentage against the trip cost.

    If trip was insured for $ 10,000 and the cancellation fees were $ 2,000, MH Ross will pay 100%, Travel Safe will pay 100%; Global Alert will pay 100%. If the cancellation fees were higher than 25% or 50% of the trip costs, the payout will be lower. MH Ross and Global Alert has a 100%, 95% and 90% payout based upon a schedule (see below); Travel Save has a 100%, 85% and 75 based upon a schedule.

    Also, there are policies on Squaremouth that will pay 70% to 75% of the trip cost.

    This is from the MH Ross policy:

    “If You cancel Your Trip for any reason not otherwise covered by this policy, We will reimburse You for the percentage of the unused non-refundable prepaid expenses for Travel Arrangements You paid for Your Trip as shown in the Cancellation Penalty Schedule shown below, provided:

    1) Your payment for this plan is received within 15 days of Your initial deposit/payment for Your Trip; and
    2) You insure 100% of all prepaid Travel Arrangements that are subject to cancellation penalties or restrictions by the Travel Supplier; and
    3) You cancel Your Trip two (2) days or more before Your Scheduled Departure Date.

    Cancellation Penalty Schedule

    If Cancellation Penalty Percentage of Penalty
    Amount Is: Amount Payable Is:
    Up to 25% of Trip Cost……….100% of Penalty Amount
    26% to 50% of Trip Cost……….95% of Penalty Amount
    Over 50% of Trip Cost………….90% of Penalty Amount

  • Joe Farrell

    once again, trip insurance is not insurance and people never read what they are sold.

    the terms of the ‘insurance’ if you choose to read them. The dirt simple question to ask is:

    “Does this cover me for cancellation for any reason at any time, including personal reasons.”

    If the answer is no then it is not cancellation insurance but waiver of cancellation penalty for specified reasons.

    If you don’t know what you are buying then generally you deserve what you receive when you do.

    Generally – when a governmental agency issues a travel warning to its citizens then travel ‘insurance’ needs to pay.

    AZ Road Warrior – do we really need another ‘governmental agency’ to standardize’ these things? Really? What we need are people who know what they are buying and do not buy what they do not understand. If THAT happened then sales of these things would drop like a stone and the companies would figure out that THEY need to do something to fix them in order to sell them.

  • Robbie

    I am very pro-consumer and usually anti-insurance. We know that there are a lot of crooks in the business. But this situation was totally avoidable. How? Well obviously if the Burchmores read the “fine print” but there was an easier way. They could have just called their travel agent or called Access America’s 800 number and simply asked. Was it so urgent to cancel that they had no time for a phone call? By the way, I understand the exclusion. I travel to Israel sometimes and that is under travel advisory most of the time.

  • Jumpgate

    Chris – I think you’re going a little too easy on these people. Have you verified that the policy specifically excluded cancellatoins due to travel alerts and bulletins?

    If the policy they purchased specifically has this clause, and their hotel/cruise line/airline were still operating and able to accomodate them … I don’t see any technicalities at all – they are flat out not eligible for reimbursement.

    Additionally, even if their hotel were only minimally open, it doesn’t seem (at least from your description) that changing hotels was ever even investigated – they just jumped to cancellation.

  • BucksterSF

    Travel insurance is not “I changed my mind” insurance. The OP decided on their own not to go, and they should not be covered. Let’s say the hotel was damaged. Was the airport open? Was the port open? The ship sailing? They might have been inconvenienced for one night, but the core trip was still valid.

  • Karen P

    @ SirWired and MarkieA, I understand that for insurance companies to cover anything prices would go up and yes that would likely mean many (including myself) would often go uninsured but something needs to be done about insurance companies and all their loopholes.

    Whenever someone writes into Chris about a trip they booked themselves and got into trouble everyone makes the comment that they should have gone to a travel agent if they didn’t understand something or needed to book a trip. These folks did that. They went to a travel agent. They bought the travel insurance that the agent sold them. Should they read through all the fine print and legalese? Sure maybe but who really does that and understands it? Insurance polices aren’t written in a way in which the Average Joe can easily read and understand and I believe they are written like that on purpose.

    They did what they were “supposed” to do and still got screwed and that’s not right.

  • David

    The insurance should pay because it’s good business. Look, Corporate America is screaming to get regulators off their back. But then they do stuff like this, which just invites government regulation.

    Bottom line: If the US Government says “Don’t go,” you don’t go. Sometimes it’s dangerous for travelers; sometimes tourists get in the way of rescue / relief efforts.

    Don’t try to escape with 35 pages of fine print. If a reasonable and prudent person would expect this to be covered, it should be covered. So, if you don’t want the Government to FORCE you to be reasonable, be fair and reasonable from the outset.

  • Jesse

    Travel “insurance” has become one of the biggest scams in recent memory and the Cruise lines are up to their noses in this profit maker. Remember the old saw – “The big print giveth and the small print taketh away.

  • Arizona Road Warrior

    @ Joe Farrell – “AZ Road Warrior – do we really need another ‘governmental agency’ to standardize’ these things? Really? What we need are people who know what they are buying and do not buy what they do not understand.”
    - – - – - — —
    I am not an advocate of adding more government regulations, bureaucracy, etc. However, by having standardized travel insurance plans, I think that it will eliminate all of those worthless ‘travel protection plans’ that are sold by cruise lines, tour operators, airlines, etc.

    I agree with you that people should know what they are buying, etc. Being a long time reader of this blog, it seems like most people are not willing to spend the time to be ‘educated’ buyers; taking the time to read what they purchased; etc.

  • Bill

    I had to cancel a trip yesterday and lost all of the money.

    I won’t even try to file an insurance claim because I know it isn’t covered.

    It is sad that their cruise was so much. Insurance companies have to look at what they cover, evaluate the risks and calculate the premiums. If they don’t do that, they can easily lose money.

    Should the insurance company lose $7100? Probably not.

    Unfortunate story.

  • Tanya

    @Karen P – “They bought the travel insurance that the agent sold them. Should they read through all the fine print and legalese? Sure maybe but who really does that and understands it?”
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Yes. They should read through the policy before purchasing and IF they do not understand it, that is why you have a travel agent or do independent research to understand what you have read. Having booked many trips on my own and gone through the gambit of travel insurance policies, I tend to stick with ones where the terms are spelled out clearly. If I had a question as to a covered event, I would ask before purchasing.
    Why are so many people against us, as consumers, standing up for ourselves and gaining the knowledge to make informed decisions? It is like the person who books a hotel through expedia or orbitz and fails to notice the screen saying it is non-refundable, then something happens, and they want it refunded.
    In the present case, it seems the OP made some quick decisions without really checking out the fine details. I feel for them, but travel advisories get issued quite often. A friend was in the area during the quake and they still managed to have a great time and not run into too many problems. Had the OP even taken the simple step of calling either the travel agent or the insurance provider, then they could have been informed.
    I will say this again, people should stop signing things they do not understand. You would not sign up and pay for car insurance or home insurance you did not understand, so what is different about travel insurance. If the policy is unclear, hard to understand, or vague, either ask the necessary questions, or move on to one of the other thousands of providers.

  • Arizona Road Warrior

    @ David – “Bottom line: If the US Government says “Don’t go,” you don’t go. Sometimes it’s dangerous for travelers; sometimes tourists get in the way of rescue / relief efforts.”
    - – - – - –
    The US government didn’t say “don’t go”. The US government issued a ‘Travel Alert’. The US government issues ‘Travel Alerts’ and ‘Travel Warnings.’ There is a difference betwen a ‘Travel Alert” and a ‘Travel Warning.’ A Travel Alert was issued for the earthquake in Chile.

    “We issue Travel Alerts for short-term events we think you should know about when planning travel to a country. Examples of reasons for issuing a Travel Alert might include an election season that is bound to have many strikes, demonstrations, disturbances; a health alert like an outbreak of H1N1; or evidence of an elevated risk of terrorist attacks. When these short-term events are over, we cancel the Travel Alert.” Source: http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_1168.html

    “Travel Alerts are issued to disseminate information about short-term conditions, either transnational or within a particular country, that pose significant risks to the security of U.S. citizens. Natural disasters, terrorist attacks, coups, anniversaries of terrorist events, election-related demonstrations or violence, and high-profile events such as international conferences or regional sports events are examples of conditions that might generate a Travel Alert.” Source: http://travel.state.gov/travel/cis_pa_tw/pa/pa_1766.html

    Currently, there are two travel alerts. One is for Europe (“The State Department alerts U.S. citizens to the potential for terrorist attacks in Europe.”) that was issued on October 3, 2010 and the other one is for South Pacific Cyclone Season (“The Department of State warns U.S. citizens residing in or traveling to the South Pacific region about the ongoing threat of cyclones originating in the area.”). Neither of these travel alerts stated don’t go to these areas.

    Travel Warnings are issued when long-term, protracted conditions that make a country dangerous or unstable lead the State Department to recommend that Americans avoid or consider the risk of travel to that country. A Travel Warning is also issued when the U.S. Government’s ability to assist American citizens is constrained due to the closure of an embassy or consulate or because of a drawdown of its staff.

    Currently, there are 31 countries (which includes Mexico and Israel) with travel warnings.

    The bottom line was that the OP was only going to spend one night in Santiago; the hotel was open; the cruise took place; etc.

    We were scheduled for a cruise down the Yangtze River on 9/16/01. On 9/12/01, we made phone calls to our travel agent, cruise\tour operator, etc. to find out the status of our cruise\trip, etc. The OP should have called their travel agent and Access America before they made their decision to not to go on the cruise. It seems like they didn’t based upon the article.

  • Arizona Road Warrior

    @ Karen P – “Whenever someone writes into Chris about a trip they booked themselves and got into trouble everyone makes the comment that they should have gone to a travel agent if they didn’t understand something or needed to book a trip. These folks did that. They went to a travel agent.”
    - – - – - – -
    We don’t know anything of this ‘trusted’ travel agent. Was this travel agent a friend of the OPs? Was this travel agent a family relative? To me, I think that it was ‘strange’ or ‘unique’ that Chris wrote “…travel agent affiliated with AAA”. What does this mean? An AAA travel agent? A travel agent that place their business through AAA? A person can spend $ 500 to have an American Express Cruise Planners franchisee. Does that mean the person is qualified? Where was this trusted travel agent in this situation? This trusted travel agent should be carrying the water not Chris Elliott.

    Who care if the travel agent was a ‘trusted travel agent’, was he\she competent? Was this person licensed to sell travel insurance? Did this person consulted with the OPs when the earthquake took place?

    @ Karen P – “They bought the travel insurance that the agent sold them.”
    - – - – - – - – -
    Shouldn’t the travel agent be in the hot seat not the insurance company for a selling a policy that doesn’t meet the OPs’ needs (i.e. Cancel for Any Reason feature).

  • John

    @ Arizona – I can’t speak for every insurance company or every state but TravelGuard checks to make sure that there’s a licensed agent and the company is licensed in order to sell their policies.
    Every travel insurance carrier that I have researched has multiple policies to cover multiple needs that an individual may have. If you choose to purchase a policy that isn’t the top of the line policy with a “Cancel for any reason” rider, there will be something that isn’t covered. That’s why the policy is less expensive.
    I also disagree with you on travel insurance companies. Good companies pay covered claims. To do otherwise risks an investigation from the state insurance board. If you have a denied claim for a covered reason, that should be your first phone call (email).

    This is a case where they weren’t covered. Except for crying in the media that AA is a bad company, they have no case.

  • MJ

    Access America does everything in its power to screw you. So many of the complaints Chris posts about travel insurance end up being about them. I vowed never to use Access America again after they denied my claim after the major East Coast Blackout several years ago.

    I was scheduled to leave a few hours after it happened. No planes were flying, my flight was canceled, the FAA told people not to come to the airport because with no electricity, no security scanning could be done, etc.etc.

    I wasn’t able to get a rescheduled flight until 4 days later, which would have meant missing more than 1/2 of my trip.

    Not only did I get nothing from Access, but when I called them to report what was going on, they demanded I PROVE that there was a blackout! I said, “You have to be kidding. Are you watching CNN? Are you looking at your newspaper?”

    Even days later they refused to accept that a major news event ever occurred and demanded documentation. I ended up having to Xerox the front page of the New York Times among other things to no avail.

    I now use Travel Insured. P.S. I do like “Cancel for any reason” insurance, but I’ve found from the companies that offer it — you must purchase within 2 weeks of making your first deposit on your trip. Otherwise, you can’t get it.

  • Teresa

    I really wish I could wave a magic and make people stop reading State Department travel warnings as if they are the word of God. You have to read what they say critically. Disaster is localized. If there is a problem in one part of a country, it usually doesn’t extend across the whole country. The debate a about the hotel is silly — a glass-half-full versus glass-half-empty issue. What is sad is that the couple here probably believed they were making a smart decision, but misinterpreted the State Department advisory, didn’t call the insurance company or read the fine print, and didn’t think critically about the realities of the situation.

  • Michael K

    The question I have is who would knowingly buy travel insurance with terms that are this restrictive?

    Why would anyone choose to buy travel insurance that they know doesn’t protect them against a major natural disaster that knocks out basic services like electricity, heat, and water (and not to mention shuts down many of the tourist attractions in the vicinity)

    This example screams out for mandatory minimum standards for travel insurance policies.

  • Thal

    Travel insurance is no different than car insurance, house insurance or health insurance. It covers specific things, and doesn’t cover specific things. You simply must do homework and find out exactly what is covered before you try to make a claim. If you claim something that is specifically not covered, that’s your own problem. I’ve had it happen with a car situation – a garage that was doing an oil change rammed my old car into a wall. Because I wasn’t driving it every day, I had dropped to liability only. Turned out, the garage had no insurance. But I couldn’t claim under uninsured motorist because I didn’t have it anymore. That was my fault, and I ended up being out some money. I learned my lesson. I suspect the Burchmores have as well.

  • DJP

    NO—If the State Department issues a travel advisory when traveling to a certain country or counties then that must be a qualified reason as well as a natural disaster occurring at or near your destination.

  • Arizona Road Warrior

    @ John -”I can’t speak for every insurance company or every state but TravelGuard checks to make sure that there’s a licensed agent and the company is licensed in order to sell their policies.”
    - – - – - – -
    TravelGuard is a good company and is not in the company of Access America.

  • Arizona Road Warrior

    @ DJP – “If the State Department issues a travel advisory…”
    - – - – – - -
    The State Department only issues Travel Alerts and Travel Warnings (Source: http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_1168.html). What is a travel advisory?

    @ DJP – “NO—If the State Department issues a travel advisory when traveling to a certain country or counties then that must be a qualified reason as well as a natural disaster occurring at or near your destination.”
    - – - – - – - – - – -
    On12/23/2010 the State Department issued a Travel Alert for the South Pacific Cyclone Season. This Travel Alert will expire on April 30, 2011. There was no natural disaster occurring at the time of this Travel Alert. This Travel Alert was issued to warn travelers that it is cyclone seaon in the South Pacific so plan accordingly.

  • Joe Farrell

    Hey AZ – stupid is as stupid does

    A fool and his money are soon parted.

    etc etc etc

  • MeanMeosh

    “This example screams out for mandatory minimum standards for travel insurance policies.”

    “I agree. I think that there should be standardization for travel insurance policies. This is something that the Bureau of Consumer Financial Protection should do immediately.”

    While we’re at it, why don’t we also get the government to mandate the purchase of travel insurance with minimum essential coverage for every air, hotel, car, cruise, or tour package purchase. Anybody who refuses to purchase the minimum essential coverage will be subject to a penalty of 2% of the total trip cost, the proceeds of which will be used to facilitate the purchase of subsidized travel insurance through government-run exchanges for those on lower incomes who desire to travel, but can’t afford the extra cost of mandatory travel insurance. That way, consumers are relieved of having to navigate through confusingly worded insurance polices written by greedy insurance companies who are only after your money, and at the same time, affords travelers automatic protection from potentially losing nonrefundable fares and from unexpected costs caused by trip delays/cancellations caused by weather, unexpected medical problems, etc.

    Sorry for the sarcastic political satire, but I’m using it to illustrate what I think the problem really is: the fact that nobody these days wants to be bothered to actually read what they’re buying, then when it turns out they didn’t get what they thought they were getting, they try to villify the insurance companies for resorting to trickery or technicalities to avoid paying. Or, suggest government solutions to mandate coverage levels, thus raising prices for those of us who are responsible and don’t want or need everything the government dictates that you buy. Would you sign a sales contract for a new house without thoroughly reading and understanding everything in it? Then why is that OK when it comes to insurance policies? If you don’t understand what the policy covers, pick up the phone and call the company BEFORE you buy. Or if you’re really that worried about being bamboozled by purchasing a policy online or from a travel agent, go talk to your home/auto insurance agent and ask them for help. If your trip is really that important to you, you should be willing to take the time to get your purchase right.

    One thing I am really curious in this case, though, is what exactly AAA and/or Access America represented to the Burchmores about what the policy they purchased covered. Were they given misinformation, or outright misrepresentations, by one or both? That’s been left out of the story, but I think that would be the crux of any successful fight against Access America and/or AAA in this case.

  • SA

    Many insurance policies will only cover cancellation due to “complete cessation of services.” Flight operating, hotel open, cruise sailing…no coverage. These travelers have no chance in court.

  • Alan

    For years now, the travel business has recommended insurance as a cover for all of its silly rules. The non-refundability of everything, the arbitrary fees, the whole screw-you attitude every step of the journey? No problem – get travel insurance, and all will be well.

    Now the insurance end of the business is learning the gotcha game from the airlines and cruise companies. Should we all start getting travel insurance insurance now? I have an even better idea – stay home.

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