Reimbursement from cruise company for unused insurance premium

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Reimbursement from cruise company for unused insurance premium

Took a and land sea trip with Vantage
cruise co. At the end of land trip,
Vantage canceled our river portion due
to engine problems. We are negotiating
with them on reimbursement. We have
settled settled except for prorated
reimbursement of our travel insurance of
1900.00. They say travel insurance is
non-refundable and could possibly be
illegal. They are not affiliated with
insurance carrier. To us, they cancelled
the cruise and we should reimbursed for
the unused portion 1900.00. Mike

Asked on October 21, 2019 under Insurance Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Travel insurance is not illegal. If the cruise company breached its contract (the agreement with you as to what it would provide) and that breach caused you to lose money, you could sue them for that. The problem is, how do you prove that them cancelling the river portion caused you to lose money in this case? You voluntarily paid for the insurance; you would have to be able to prove in court by a preponderance of the evidence that their cancellation directly caused you to lose a portion of the value which, given the limitations on travel insurance and when it pays out, is likely to be difficult to do. How. can you prove that you absolutely (not hypothetically] lost some sum of money due from what you paid for the insurance due to the cancellation? If you can't do that, you can't recover it from the cruise company.


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