Search Travel Market Report

mainlogo
www.travelmarketreport.com
U.S.A.
English
Canada
English
Canada Quebec
Français
  • News
  • Tours & Packages
  • Cruise
  • Hotels & Resorts
  • Destinations
  • Retail Strategies
  • Air
  • River Cruise
  • Training & Resources

Travel Insurance Lawsuit Highlights Issue Of Pre-Existing Conditions

by Richard D’Ambrosio  August 16, 2017
Travel Insurance Lawsuit Highlights Issue Of Pre-Existing Conditions

Photo: Shutterstock

As travel agents become more engaged in helping their clients purchase travel insurance, it’s especially important that they remind clients with pre-existing conditions to seek their physicians’ approval to travel and obtain waivers if that’s prudent.

This summer, a Vancouver man finally resolved a six-year dispute over $180,000 in medical expenses that resulted from an emergency surgery in the United States as he was headed home from a Mexico vacation.

British Columbia Supreme Court Justice Jacqueline Dorgan found that before departure, Paul Fletcher had “prudently” consulted his doctors about his health; they determined that his condition was “stable” and believed his trip “would not pose any increased risks to his health,” thus meeting his travel insurance company’s policy requirements.

Related Stories

  • How pre-existing conditions might pose a risk for your travelers
  • Top five tips for your next cruise client

 

Fletcher traveled from his home in Victoria, BC, to Mexico in March 2011. He was being treated for issues related to his heart and had consulted with his doctors about his condition prior to the trip. His doctors approved the trip, and he purchased travel insurance through Royal & Sun Alliance Insurance Company.

Three days into his trip, Fletcher began to experience chest pains that weren’t going away, even with the nitroglycerine tablets he had brought, so he cut his trip short. His symptoms worsened on the flight home, and at a scheduled stop in Seattle, he was taken by ambulance to a Seattle hospital. There he was diagnosed with severe coronary artery disease and transferred to the intensive care unit at Seattle’s Swedish Medical Center for emergency bypass surgery. 

Royal & Sun Alliance denied payment based on an exclusionary clause in Fletcher’s policy that allowed the insurer to claim Fletcher suffered from an unstable pre-existing condition, and that there was a reasonable expectation he would need treatment or hospitalization during the trip.

Travel insurance companies have the right to look back into a traveler’s medical history up to the defined period of time stated in their policy to determine whether an incident is related to a pre-existing condition. Most consider a pre-existing condition to be a diagnosed illness or medical concern that has not been “stable” within a defined period (typically 60-180 days) prior to the consumer purchasing insurance.

Generally, “stable” means the condition has not changed or worsened in any way; no new diagnoses, treatments, medications were prescribed; and no pending or initiated treatments, scans or test results were planned, says an InsureMyTrip web-based primer for U.S. travelers.

Royal & Sun Alliance attempted to introduce an opinion from its own medical expert as evidence, but the judge rejected it on the grounds that he was not the treating physician.

InsureMyTrip tries to advise travelers in advance of how to protect themselves from situations like the one Fletcher faced. On a page offering guidance for U.S.-based travelers, the company says: “To make sure that you’ve done everything you can to protect yourself and your trip, do your research; be up-front with your insurance company about any conditions you think might apply; purchase your travel insurance policy as soon after paying your initial trip deposit as possible; and familiarize yourself with all the details of your policy before you depart.”

Most companies stipulate that you must buy your travel insurance policy within 10-14 days of making your initial deposit on your trip in order to be eligible for the pre-existing conditions waiver, so benefits will be paid without looking into the traveler’s medical background if a claim is made. In some cases, waivers require no additional paperwork and no additional fees, but in others a fee will apply.

  
  
Related Articles
Berkshire Hathaway Travel Protection Launches for Advisors
Allianz Partners USA Names Shannon Lofdahl Vice President and Head of Field Sales
Gen Z & Millennials Are Driving Summer 2025 Travel Trends
Travel Guard Releases Enhanced Self-Service Tool for Travel Advisors
Allianz Has a New Doctor Visit Scheduling Service for Travelers
Europ Assistance Launches in Canada with New Travel Insurance Platform
Allianz Taps DeAnne Bell as New Director of Partnerships
The Promises and Pitfalls of Travel Insurance
Survey Reveals Americans Seek Mindful Travel in 2024
A&K Partners with Allianz to Offer Travel Protection

MOST VIEWED

  1. Travelers in Puerto Vallarta and Across Jalisco Ordered to Shelter in Place After Cartel Killing
  2. U.S. Embassy Issues Shelter-in-Place Order for Travelers in Puerto Vallarta Amid Cartel Violence
  3. Over 5,000 Flights Canceled on Monday After Winter Storm Fernando Hits Northeast
  4. Tour Operators and Cruise Lines Cancel Hundreds of Departures in Egypt, Jordan, and Beyond
  5. U.S. Citizens Told to Depart 14 Middle Eastern Countries Including Egypt and Jordan
  6. Airlines and Cruise Lines Suspend Middle East Operations Following Start of Iran War


TMR Subscription

Subscribe today to receive daily in-depth coverage from all corners of the travel industry, from industry happenings to new cruise ships, hotel openings, tour updates, and much more.

Subscribe to TMR

Top Stories
IHG Opens Company’s First U.S. All-Inclusive Resort
IHG Opens Company’s First U.S. All-Inclusive Resort

The newly opened voco Sandpiper All-Inclusive Resort opens on Florida’s Treasure Coast after a $50 million transformation.

Nocturne Luxury Villas Adds 4 Execs to Leadership Team
Nocturne Luxury Villas Adds 4 Execs to Leadership Team

The luxury villa rental management company is in a period of accelerated growth.

The New Unico Riviera Nayarit Fills Gaps in Riviera Nayarit
The New Unico Riviera Nayarit Fills Gaps in Riviera Nayarit

What differentiates the new Unico Riviera Nayarit from other resorts in the region.

Royalton Opens The Reserve at Paraiso de la Bonita in Riviera Maya
Royalton Opens The Reserve at Paraiso de la Bonita in Riviera Maya

The new luxury concept is an expansion of the existing Riviera Maya resort.

Alila Resorts of California Appoints New Director of Business Development
Alila Resorts of California Appoints New Director of Business Development

Daniel Strawn will lead leisure business development strategy for the three resorts.

MGM Grand Las Vegas Refresh Leans Modern, With a Touch of Nostalgia 
MGM Grand Las Vegas Refresh Leans Modern, With a Touch of Nostalgia 

A look at the refreshed MGM Grand after a year-long $300 million renovation.

TMR OUTLOOKS, WHITE PAPERS & DESTINATION GUIDES
View All
Advertiser's Voice
Why Miches Should Be on Your 2026 Radar
About Travel Market Report Mission Meet the Team Advisory Board Advertise Syndication Guidelines
TMR Resources Calendar of Events Outlook/Whitepapers Previous Sponsored Articles Previous This Week Articles
Subscribe to TMR
Select Language
Do You Have an Idea Email
editor@travelmarketreport.com
Give Us a Call
1-(516) 730-3097
Drop Us a Note
Travel Market Report
71 Audrey Ave, Oyster Bay, NY 11771
© 2005 - 2026 Travel Market Report, an American Marketing Group Inc. Company All Rights Reserved | Terms and Conditions
Cookie Policy Privacy Policy Manage cookie preferences