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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I had insurance on Higgins for an Alaskan cruise we just

Customer Question

I had insurance on James Higgins for an Alaskan cruise we just took. my husband did't get to go. when I took it out he had just found out he had Parkinson and he was having trouble with is neck and doing therapy. but in Jan he had to have surgery. they told us it would be only 3 weeks and he would be back at work. well! he got very sick and missed 3 months. So, when he got to go back to work , he couldn't take off no more time. they are saying now it was a pre-existing. if he hadn't had so much complication and not been off work he would have gone. it is not because he was only sick with parkinson and they went in to do 2 vertebrates. he went back to hospital a few weeks and was out long from a blockage. now I they don't want to pay
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: we live in Louisiana but he works in Mississippi
JA: Has anything been filed or reported?
Customer: I filled out our paper work that I sent to dr. and they put down what he had and his surgery. and I guess they thought that was enough
JA: Anything else you want the lawyer to know before I connect you?
Customer: I sent claim the first of may when we first figured out he couldn't go, but didn't mention he had missed too much work. I just figured the medical was enough. but jimmy is a supervisor and His boss was leaving on a mission trip and he need to be there . so He felt he had missed enough work and didn't mention it to his boss
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. I'm not sure I understand your question. Are you saying your medical insurance won't cover your husband's treatment?

Customer: replied 2 months ago.
no, I had travel insurance with Allianz Global assistance and they will not pay me back on the cruise my husband missed. we had medical reason and they said it was pre-existing. and yes it did get worst but , if he hadn't missed 3 months of work , he could have gone on the cruise.it wasn't that it was the time he missed off work from the surgery and the complations
Expert:  Legal Expert Justin replied 2 months ago.

Is there a specific definition of 'pre-existing condition' in the insurance policy?

Customer: replied 2 months ago.
it says if u have an existing medical condition if purchased 120 before it was purchased. they didn't say again about it and I told them on phone he had parkinson but just found out . that's not why he wasn't able to go
Customer: replied 2 months ago.
he has it now and is still working and functioning find
Expert:  Legal Expert Justin replied 2 months ago.

I think you have a good argument that the pre-existing condition is not what led him to miss the cruise. However, the insurance company is unlikely to change their mind unless you pursue litigation. What was the value of the cruise that your husband missed?

Customer: replied 2 months ago.
$500 and 299 for port fee and taxes and tips
Customer: replied 2 months ago.
plus the air fare, $369
Expert:  Legal Expert Justin replied 2 months ago.

In that case, you may want to look into filing a small claims case against your insurer in your state. That would save you the expense of hiring a lawyer. If you wanted to file a claim in regular civil court, it seems likely that any attorney you hired would charge much more in fees than what you might win. It is unlikely that any attorney would take this case on a contingency basis. I'm sorry I don't have a better answer for you. Do you have any more questions today?