Can I get a full refund on my claim?

UPDATED: Sep 30, 2022

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Can I get a full refund on my claim?

I have booked a vacation back in October with Cheap Carribean and put a deposit down a little bit more then 700, and have also purchased travel insurance. My vacation was suppose to be this past June but a few months ago I have been trying to conceive and I was advised by my doctor not to travel to areas that are affected by the Zika virus. I cancelled my trip back in May, have gone to the doctor to get medical papers filled out that were requested by the insurance company and have been denied. I have been going back and forth and they’re saying that my reason is not covered. I have been asking them to show me proof and they gave me nothing. I am at the point of either filing a claim with the state of NY or seek an attorney to resolve this. I am beyond frustrated with the insurance company. I would really appreciate for someone to contact me.

Asked on July 25, 2016 under Insurance Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Cancelling for the reason you describe is only refundable if your travel insurance covered this reason--cancellation due to a fear of Zika. The insurer does not need to provide you "proof" of non-coverage; rather, if you elect to sue them for the money (which is the only way to get it, if they do not voluntarily honor the claim), the onus or burden will be on you to prove that this reason was covered. Review the terms of the travel insurance you bought: is Zika-related cancellation covered? Again, they only need pay if the insurance says they do. If you believe that it is covered but they still not pay, then you have to decide whether it is worth it to try to sue them for the money. You would sue based on breach of contract (insurance is a contract): for not honoring their contractual/policy obligation to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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