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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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I bought travel insurance cancellation as I always do trips.

Customer Question

Hi - I bought travel insurance for trip cancellation as I always do for week long trips. In February 2015, I booked and paid for a trip through Expedia and bought the trip cancellation insurance. Company name Allianz Global Assistance was insurance company. A month after booking and paying for the trip...March 2015....I was diagnosed with colon cancer. Insurance company is denying claim saying it was a "pre-existing" condition. If I did not know I had cancer until I was told in March 2015 by my doctor, is this considered a "pre-existing" condition? I had to cancel the trip because emergency surgery was set for May 2015...the exact week of the trip. Can I sue them via small claims court?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did you prove to them you had not yet been diagnosed?

Customer: replied 1 year ago.
The dates of doctor visits were all sent to them on official forms from the various doctors.
Expert:  Debra replied 1 year ago.

So did the forms from the doctor make it clear that you simply did not know you had cancer when you booked your trip?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

Then they are acting in breach of their agreement with you and their refusal to cover you is groundless. They are just trying to get out of paying you.

I suggest that you, or a lawyer acting for you, send the a letter threatening a lawsuit. Give them a deadline for reimbursing you for the cost of the trip and tell them if they fail to comply you will commence legal proceedings and then will also be seeking interest and your costs.

You can most assuredly sue them in Small Claims Court and you can self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

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