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I purchased trip insurance for myself and my fiance. We

Customer Question
Hi- I purchased...

Hi- I purchased trip insurance for myself and my fiance. We couldn't go on the trip and I am now filing a claim. I found out after I bought the policy that it excludes coverage for mental problems unless hospitalized. My fiance was diagnosed with Depression and Anxiety disorder and actually was in the hospital for a few days. If the insurance company does not pay the claim do I have a claim against them, specifically regarding ADA laws as they do cover physical issues.?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

No. I have just completed the forms but have not sent them in

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's probably the whole story.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
1/3/2018
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,591
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

You bring up a very interesting question. On one hand you actually contracted with this company and in theory would be deemed to know in advance that they specifically do not cover mental health reasons for failure to attend the trip. On the flip side of that is that it does seem to create some discrimination against persons with mental health disorders. In your case, however, your fiance was HOSPITALIZED. That's as good a reason to miss a trip as any I can think of - and I can't imagine that you will be denied insurance coverage if you report a hospitalization. That being said, your medical information is protected by HIPAA and you're under no obligation to disclose it to anyone. So if you state that you were unable to go on your trip due to a hospitalization that should be sufficient information for them - and that avoids entirely the issue of mental health. They can't ask you *why* you (or rather, your fiance) was hospitalized. My suspicion is what they're trying to avoid is someone just not wanting to take a trip and using an excuse that really can't be proven or disproven - but in your case you have an actual hospitalization!

Please let me know if I've answered your question. If I have, could you please take a moment to submit a rating so that I receive credit for working with you. I just ask that if the news is not good that you not shoot the messenger - me. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all (although not rating is way better than leaving an unjustified negative rating). If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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As a reminder: Please note this site is for general information for educational purposes only and does not constitute legal advice.

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Customer reply replied 7 months ago
I had never seen a copy of the policy before I paid for it as it was through the agent. The hospitalization was for sevem days and that was approximately 90 days before the trip was scheduled to embark. However, her treatment continued and still continues as an outpatient even today. Her psychiatrist has written that he didn't feel she should go on the trip and that she may still need hospitalization.
Lawyer: Olivia Kent, Attorney replied 7 months ago

Okay, I see. That's a little more tricky since it's was reasonably well removed from the time of the trip. Your agent should have disclosed the terms of the travel insurance to you when you agreed to it.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

You could potentially make out a claim against the agent.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Otherwise it is an uphill battle. I agree with you that on its face it appears discriminatory to say that certain health conditions are excluded.

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Customer reply replied 7 months ago
The credit card just called me for a verification of the charge. It should go through now.
Lawyer: Olivia Kent, Attorney replied 7 months ago

Okay :) I'm here if you want to request the call again.

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Customer reply replied 7 months ago
I told you to resubmit the charge and Visa will approve it. Haven't heard anything since or received a phone call
Lawyer: Olivia Kent, Attorney replied 7 months ago

I think customer service did it... experts can't .... if you click the phone button I'll be able to call you :)

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