Travelguard silver insurance purchased too late by our travel agent to cover preexisting conditions

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Neil Maley

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Dec 27, 2014
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#81
Neil, that is amazing that the day you purchase is actually counted as one day. To me a day is a 24 hour period, meaning that time on the third would be one day and so on. For it to be otherwise actually means it could be 14 days and one minute.
Yes, the countdown begins on the day the deposit is made - that is considered day 1. So the day the LW said she called the agent was actually too late anyway. We make sure clients purchase by day 14 if they want pre-ex coverage.
 
Mar 4, 2015
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#82
If you read the policy, it says 'within 15 days'. Within is the word that rules here. So you actually only have 14 days.
Yes, the countdown begins on the day the deposit is made - that is considered day 1. So the day the LW said she called the agent was actually too late anyway. We make sure clients purchase by day 14 if they want pre-ex coverage.
So then what would "within 1 day" mean to you? "At the exact same moment on the same day?"

Unless there is something more specific in the governing documents, which is doubtful [Ed: there is nothing more specific in the TravelGuard Silver policy document] , customarily time is counted by excluding the first day and including the last....

http://www.avvo.com/legal-answers/what-is-the-legal-definition-of--within-30-days--i-1422393.html
 

mmb

Verified Member
Jan 20, 2015
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#84
My first response about turning it over to insurance is that the Travel Agency is trying to deal with it first, before it goes to insurance, in order to preserve their current premium status. Even if insurance does not pay out, turning over something to insurance is a potential strike against you that can raise your rates. Claim history, even when no payout is made, is a factor in premiums.
My statement regarding a judge becoming involved is because I believe it may be true. There is a series of events. If all contact was made, even in writing, and the time line can be substantiated in TobyR's favor, but TobyR knew the agent was going on vacation, then who should be responsible? Was the request to purchase insurance received and responded to by the agent before her vacation began? If so, saying she would handle it when she returned, if she knew the 15 day countdown clock was an issue, would be on the agent. If, however, TobyR received the out of office reply, she needed to contact another agent or the insurance directly.
First of all -- with E&O Insurance, the agency wants to know of any potential problem the minute you (insured) even think there COULD be a problem in order to effectively represent you. We have reported potential problems and gotten legal advice right from the get-go and it has NOT affected premiums if there was no claim made. Their legal advice is what may keep you out of court, a very desired outcome.
As to the vacation, how was TobyR to know exactly when the vacation would end and that it would be too late? I don't think we have actually heard yet just what day the agent returned to work. She possibly got back in plenty of time, but the item got buried under a stack of 'To Do' items and just didn't get done in time. We really have no idea what went on at the Travel agency.
 
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mmb

Verified Member
Jan 20, 2015
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#85
Bodega3, you mean for selling travel insurance? Interesting.

The comment I was responding to was about the insurance of the travel agency itself, or at least that was how I interpreted it. I know that legitimate travel agents carry E&O insurance. I interpreted mmb's comment about turning "it" over to their insurance as turning the claim over to the agency's E&O insurance, since TobyR has already been denied by the travel insurer, Travelguard.

My assumption, and I know that it is an assumption but it is based on my rental liability insurance premium, is that if there are claims against the agency's E&O liability insurance it can make a difference on the E&O insurance premium for the agency.

The issue here now is the timeline and communication sequence.
Yes, I was speaking of E&O insurance. It works differently than other insurances. The top ones provide legal advice to, one-on-one with attorneys who are specialized in the field. Our experience is with Architectual services.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
18,170
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New York
www.promalvacations.com
#86
Michael, I have verified this personally with the insurance companies themselves so I never err with a customer. The date the card is charged is day 1. The policy says it must be purchased within 15 days of the initial trip payment and initial trip payment is defined in the policy as the date a payment is made to the supplier. In essence, that policy has to be purchased by 2 weeks from the date the deposit is made on the booking.

A phone call to Travel Guard will
clarify. Or you can pull up one of their policies and get into the full policy that has all the nitty gritty.

So if the initial charge to Toby's card was Feb 2, she had to buy that policy by Feb. 16- that was day 15. I believe she said she contacted the agent on the 18th which was actually 2 days late. And that may be why the agent tried to backdate the deposit date. But she erred anyway in calculating the date.
 
Likes: mmb
Aug 28, 2015
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#88
I would like to take a look at the contract between @TobyR and the travel agent.
@TobyR , I just read Travelguard's definition of pre-existing condition- have you reviewed it? Are you certain that the reason you missed the cruise is on account of this particular definition of pre-existing?
 
Likes: Neil Maley
Aug 28, 2015
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#89
@TobyR you mention you had several health conditions. Is the one that prevented travel a condition you sought treatment for in the 60 days prior to February 18th?

If not, you should appeal the denial with the insurance company, if you haven't done so.
 
Likes: Neil Maley

jsn55

Verified Member
Dec 26, 2014
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#91
Once again I'm sick and tired of being nice!

What is the Credit card date??? Is it 9/2 or 9/3 and specifically what information did the Travel Insurance company use to decline, was it the Credit Card date or the Regent Invoice????

How hard can this answer be! This answer will allow the "Travel Experts" on this sight to then know what direction to go with our poster!

Let's start here and this question has been asked by me repeatedly and also by others.
Absolutely done and I don't care how rude this sounds.
Do not give us what you think we Need to know about, that has been the issue with this entire story and makes it less than believable.
Calm yourself, my dear. This story is being rewritten with all the details, i chronological order, and we will be able to give some good advice. Soon it will all be clear.
 
Sep 6, 2015
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#94
I'm glad to hear it worked out for you. That's a lot of money to lose!
This illustrates how complicated some travel insurance can be and that it's not always worth trying to find a bargain (and I do understand the more expensive policy was purchased without your consent) if you're really concerned about a previously existing condition. In the past, some of the simpler plans I have looked at really didn't cover much and would give you a false sense of security.
 

jsn55

Verified Member
Dec 26, 2014
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#98
It would be appreciated, since time was taken here, to know what the settlement was.
That was my first thought, but they may have insisted on Toby not revealing any details. But if you can, Toby, we would learn a great deal from an explanation, allowing us to help more people in the future.

I am delighted that this got settled, you worked hard and deserve the justice. Well done!

ADVOCATE ADVICE
Get advice and help from several sources for your travel insurance, but call the insurance company to ask detailed questions, and book the coverage yourself.
 
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mmb

Verified Member
Jan 20, 2015
1,059
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#99
That was my first thought, but they may have insisted on Toby not revealing any details. But if you can, Toby, we would learn a great deal from an explanation, allowing us to help more people in the future.

I am delighted that this got settled, you worked hard and deserve the justice. Well done!

ADVOCATE ADVICE
Get advice and help from several sources for your travel insurance, but call the insurance company to ask detailed questions, and book the coverage yourself.
The brevity of the announced settlement led me to think there is a gag order attached. I'm unfulfilled.
 
Jan 8, 2015
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Just a guess, but I think once the emails were forwarded to the supervisor showing the policy being purchased without asking, that the supervisor realized things weren't as cut and dry as they first assumed.
I'm curious as well, but overall happy that the poster found some satisfaction with the outcome.
 
Likes: jsn55
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