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  • Report:  #1486296

Complaint Review: Fairfax Holdings d/b/a Crum & Forster Holdings Corp d/b/a: ITravelInsured - International Medical Group (IMG) United States Fire - Morristown NJ

Reported By:
KillaBeJeezus - United States
Submitted:
Updated:

Fairfax Holdings d/b/a Crum & Forster Holdings Corp d/b/a: ITravelInsured - International Medical Group (IMG) United States Fire
305 Madison Avenue Morristown, 07962 NJ, United States
Web:
www.itravelinsured.com
Categories:
Tell us has your experience with this business or person been good? What's this?

This is complicated, but basically, I purchased an all-risk policy for travel. This company refused to pay on the claim despite over-whelming documented evidence. I filed in court, but everyone here knows that:

1) Judges and lawyers HATE pro se parties;

2) activist judges make new law from the bench because they are almost never held accountable, because

3) to challenge a bad judge requires going to the Appellate level where the cost and risk there usually exceeds the value of the claim AND the Appellate level is just the higher level or corruptness and success there for pro se is almost ZERO.

So what I have done is simply paste the redacted last email from the law firm representing Crum & Forster.

Bottom line: I lost over $4K after buying a policy for over $500. DO NOT buy travel insurance you will almost never get reimbursed. Less than 1%. You can read the reports yourself. Public info.

*************************************************************************************

Mr. XXXXXXX October 3, 2019

We represent United States Fire Insurance Company (“U.S. Fire”) in the above-referenced case. Since you will not speak to us on the phone, we are writing with respect to your improper subpoenas and discovery requests and to outline U.S. Fire’s position regarding the claim that you have asserted in this suit.

U.S. Fire has received your Requests for Admission, Written Interrogatories, and Request for Rule 194 Disclosures, as well as the subpoenas delivered to Mike Hicks, as U.S. Fire’s registered agent for service of process. U.S. Fire has also received notice of your Motion to Compel Production and Impose Sanctions regarding those discovery requests.

However, U.S. Fire is under no obligation to respond to your requests. Texas Rule of Civil Procedure 500.9 states that “any requests for pretrial discovery must be presented to the court for approval by written motion” and that discovery requests “must not be served on the responding party unless the judge issued a signed order approving the request. Further, a party cannot circumvent the prohibition on pre-trial discovery by using a subpoena to request the pre-trial production of documents.

For these reasons, your Motion is improper, and U.S. Fire intends to file a response to your Motion outlining the procedural defects in your discovery requests. Although U.S. Fire has no obligation to respond to your improper requests, in the interest of moving this case forward, please find enclosed copies of the relevant travel insurance policy, including the Declarations Page, a Trip Cancellation/Trip Interruption Claim Form dated December 23, 2018, and two coverage explanation letters dated January 8, 2019 and February 4, 2019, labeled U.S. FIRE 0001 – U.S. FIRE 0079.

You assert that you were wrongly denied travel insurance benefits when you were forced to cancel an insured trip for reasons beyond your control. In particular, you claim that on  your scheduled departure date, you arrived at the airport on time, but due to a delay in airport security screenings, you waited for more than an hour and a half before you could proceed to your gate. We also understand that you arrived at the gate immediately after it closed and that the gate agent refused to allow you to board the flight.

The U.S. Fire policy does not apply to your claim. The policy contains two identical insuring agreements for trip cancelation coverage. For your reference, those insuring agreements can be found at U.S. FIRE 0021 and U.S. FIRE 0047. The policy’s trip cancelation coverage applies only if you were prevented from taking your trip

(1) due to the pre-trip death, sickness, or injury of you, a family member, a traveling companion, a business partner, or a child’s caregiver or

(2) for specific “other covered reasons.” You were prevented from taking your trip because of delays in airport security, not because of any of the covered reasons for which the trip cancelation coverage applies. The U.S. Fire policy therefore does not provide trip cancelation coverage for your claim.

The policy also contains two identical insuring agreements for “cancel for any reason” benefits at U.S. FIRE 0028 and U.S. FIRE 0054. The insuring agreements state that you are entitled to benefits for 75% of non-refundable payments or deposits that you made for your trip. However, you are entitled to “cancel for any reason” benefits only if you canceled your trip two (2) or more days before your scheduled departure date.

Based on our understanding of your claim, you did not learn that you would be unable to take your trip until the date of your scheduled departure. In fact, in a January 11, 2019 email appealing the denial of your clam, you stated, “I did not cancel this trip” but was “shut out by American Airlines.” Because you did not cancel your trip two (2) or more days before your scheduled departure date, the U.S. Fire policy’s “cancel for any reason” benefits do not apply to your claim.

Because neither the trip cancelation coverage part nor the “cancel for any reason” benefit applies, there is no coverage under the U.S. Fire policy. If you were not satisfied with the insurance coverage that you purchased, you were entitled to cancel the policy for a full refund prior to your trip pursuant to the policy’s ten-day look provision, but you did not do so.

U.S. Fire intends to defend against your claim in court and to move to have your claim dismissed on grounds that it is factually and legally insufficient.



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