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The Old Republic Insurance Company of Canada is the latest to be hit with a proposed class action lawsuit alleging the insurer refused to provide refunds for school trips cancelled by COVID-19 restrictions.
The lead plaintiffs, Mark Chmielowiec and Erica Lauren Chmielowiec claim that they and others insured their trips in case of a cancellation through Old Republic for “peace of mind.” However, due to no fault of their own, the company has allegedly continued to refuse to reimburse them for cancellations caused by the ongoing coronavirus pandemic.
Trip of a Lifetime Cancelled by COVID-19 Pandemic
Mark Chmielowiec is an Ontario resident and high school teacher. He says that he and his daughter, Erica, planned to join a school trip to Italy and Greece scheduled for March 11 through 21, 2020. Mark says that he was to lead a group of 16 students through Rome, Sicily, and Greece.
The pair allegedly booked the trip back in May of 2019 through the travel company Explorica and insured it through Old Republic. The total cost of the trip was over $4,000 and the plaintiffs say that they had paid for it in total by January of 2020.
On March 3, 2020, the school board cancelled the trip, says the Old Republic class action lawsuit, citing the alarming spread of COVID-19 throughout Europe. The pair assert that Explorica submitted claims for school trip refunds to Old Republic, but the insurer has refused to pay.
Old Republic Insurance Violated Contract, Say Plaintiffs
According to the proposed school trip refund class action lawsuit, Old Republic continues to refuse to pay trip cancellation claims; however, it blames the travel company Explorica. The plaintiffs point out that they and other travellers have not violated the terms of the insurance policy and should not be subject to penalties.
“In explaining its refusal to pay the Policy benefits, [Old Republic] alleges that Explorica has failed to provide information and documentation it requires for the adjudication of the Plaintiffs’ claims,” contends the school trip refund class action lawsuit. “While Explorica has denied this explanation, it is irrelevant to the determination of the claim under the Policy.”
The plaintiffs allege that Old Republic is in violation of the terms of its travel insurance contracts by continuing to refuse to pay claims. Old Republic allegedly offered “peace of mind” for travellers scheduling trips months ahead of time, but it broke its promise by failing to pay for trips when they were cancelled.
Further, the plaintiffs and others who have not received payment for their cancelled travel under the insurance policy are suffering from financial losses during a very trying time.
Other Insurance Companies Allegedly Refusing School Trip Refunds
Other insurance companies face proposed class action lawsuits in Canada alleging they failed to pay for school trip refunds cancelled by the coronavirus pandemic.
Arch Insurance Company was recently hit with a claim alleging that it refused to pay an insurance claim for a student’s cancelled trip to Costa Rica scheduled for March of 2020. In addition, TD Bank faces allegations it is failing to pay for a travel insurance claim for a cancelled graduation trip to the Mediterranean by a student who survived cancer.
The proposed school trip refunds class action lawsuit filed against Old Republic seeks to represent Canadian residents who insured their travel through the company between April 21, 2018 and the present, but whose trip cancellation claims were denied in total or in part. The plaintiffs are seeking refunds as well as aggravated, exemplary and punitive damages.
“A financial consequence beyond simply ordering the defendant to pay the claims is needed to deter insurers from making such strategic, bad faith denials and/or decisions withholding of benefits in the future,” states the complaint.
Cancelled school trips are not the only legal issue to face companies and consumers as the pandemic drags on. COVID-19 has sparked an array of class action lawsuits over everything from denied business interruption claims to price gouging and tuition refunds.
Did Old Republic Insurance refuse to pay your school trip refunds? We want to hear about it! Tell us what happened in the comment section below!
The lead plaintiffs and proposed Class Members are represented by Jordan Goldblatt, Gord McGuire, and Alex Fidler-Wener of Adair Goldblatt Bieber LLP and James Fireman and Sivan Tumarkin of Samfiru Tumarkin LLP.
The Old Republic School Trip Refunds Class Action Lawsuit is Chmielowiec, et al. v. Old Republic Insurance Company of Canada, Case No. CV-20-00649709-00CP, in the Ontario Superior Court of Justice, Canada.
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