Case dismissed: “The insurance will not cover our tickets”

Beware of the pre-existing medical conditions clause in your travel insurance policy!

Oh alright, maybe that’s a little dramatic. But could you at least pay attention to it?

I mention this because of Ingrid Murray, whose claim against Access America recently crossed my desk and then made its way into the “dismissed” file.

She’d planned a trip to Italy this fall with a companion, who fell ill just before they were about to leave. Good thing she’s taken out a travel insurance policy.

She explains,

At the end of June, [my companion] went to a specialist for her hip. The doctor said she needed surgery and to cancel this trip.

I submitted my claim, but Access is stating due to some pain she had been having in her hip prior to the trip that this is considered a pre-existing condition and the insurance will not cover our tickets.

She appealed the decision to an Access America executive, but was denied again.

Next, she appealed to Orbitz, which had sold her the policy. It said she could get flight credit, as long as she paid a $250 change fee (standard answer). She asked her airline, Air Canada, for help, and it referred her back to Orbitz.

So she asked me to investigate.

I would like to know if you think there is another way to come at this. I don’t know how Access can say it is a pre-existing condition, this is a BIG loophole in their insurance which gives them an ‘out’ in almost any situation.

I agree, the pre-existing medical conditions clause is troublesome. And there’s a way to avoid it by purchasing a more expensive “cancel for any reason” policy — but that’s beside the point.

As always, the devil is in the details. If Murray’s companion developed a medical condition after purchasing insurance, then I thought Access America should reconsider its decision. So I contacted the company on her behalf.

Here’s what it said:

We are very sorry that Ms. Murray felt that she needed to cancel her trip due to the illness of a traveling companion. We understand how frustrating it can be to have to cancel a trip you’ve been looking forward to and we sympathize with Ms. Murray’s situation.

According to Ms. Murray’s traveling companion’s orthopedic surgeon, her traveling companion had been in pain for the last two years and had “gotten progressively worse over the last six months.”

The doctor indicated that symptoms began approximately 2/1/11. As Ms. Murray’s travel insurance policy was purchased on 5/11/11, the onset of her traveling companion’s symptoms fall within the exclusionary period of 120 days prior to and including the date the insurance was purchased.

The medical records show that the condition would be considered an existing medical condition and any claim related to that condition would be excluded from coverage.

In Ms. Murray’s travel insurance policy, an existing medical condition is defined as an illness or injury that you, a traveling companion or family member were seeking or receiving treatment for or had symptoms of, on the day you purchased your plan, or at any time in the 120 days before you purchased it.

We’re very sorry that we were unable to cover Ms. Murray in this circumstance, but we wish her well in her future travels.

That’s too bad.

I’ve written about pre-existing medical conditions on numerous occasions, and while I agree with Murray that they can be used as a blanket excuse for denying a claim, her particular case had gone through numerous levels of appeal. There’s nothing more that could be done.

Could Orbitz, the online agency that sold her the policy, have done a better job of explaining the limits of her policy? Maybe.

But this trip, unfortunately, won’t be covered by her travel insurance.

  • Anonymous

    Plans with an optional pre-ex waiver still require the pre-ex waiver (and policy) to be purchased within the same strict time limits that policies that already have it bundled require.

  • Anonymous

    That’s why there are limited definitions of a pre-existing condition as it applies to the exclusions.  It does not mean “any condition present before death.”  It means: any condition exhibiting symptoms requiring a doctor visit and/or a medication adjustment within X number of days before policy purchase.

    If you have no symptoms and suddenly need a triple-bypass from a heart attack due to undiagnosed atherosclerosis, you’ll be fine with filing a claim.  The insurance company is certainly going to be going through your medical file very thoroughly, and it’ll take them a few weeks to ponder about it, but they’ll pay.

  • Carver

    Hi Mark

    I understand your confustion.  However, terms of art such as “likely to occurr” are generally well defined with the subject area.  So while the phrase may be general and open ended in normal language, it would have a specific and well defined meaning within the insurance field.

  • Anonymous

    You are right, without full access to the medical file and medical training, we can’t tell for sure.  But, on the other hand, this does not appear to be an unreasonable denial on it’s face, and it would be unreasonable for us to assume that the insurance company is in the wrong.

    It appears from the correspondence that the original writer was not aware of the pre-ex clause at all, and that is the source of the complaint.  It does not look like the complaint is that the pre-ex clause is being applied incorrectly.  Even Chris seems to admit this.

  • Geoff

    Access America has a bunch of policies, so a blind condemnation shows porr judgement. I sell the classic plan, more expensive, and if purchased within 14 days of deposit, covers pre-existing conditions. Travel Guard sells the same type of insurance in thier gold plan. This is why ASTA travel agents can really help clients and save tons of money

  • Anonymous

    And the exclusions specifically state that they only apply if a prudent person should have gone to the doctor for them.

    Yes, it is a judgement call.  But no, the insurance isn’t useless.

  • Michael K

    Based on the rate of articles about Access America here and the number of customer complaints about them posted online (more than every other travel insurance company combined by my unscientific count) I have little confidence in Access America applying these  judgement calls in good faith.

    But otherwise I agree, in principle, the insurance isn’t useless.

  • Michael K

    If it was another insurer I would agree.  I’m reluctant to give Access America any benefit of the doubt given their track record according to their customers.

  • Tony A.

    MichaelK, what they are saying is that they are selling primarily TRAVEL insurance and NOT HEALTH insurance. They will reimburse you for some medical expenses you incur on your trip but they want to make it clear it is not health insurance.

  • Tony A.

    The anger here is misdirected towards Access America. It should be towards Orbitz. Here’s why.

    Go to Orbitz and make a fare search for NYC to Venice (VCE) for 24NOV – 30NOV. Select the Delta $811.90 fare. Enter a fake name and keep on clicking continue till you get to the insurance offer. Look, Orbitz wants $60.89 for their trip protection plan by Access America. Click on learn more and read the policy for NY State. Note that you do not get a waiver for pre-existing condition.

    Now go to Access America’s website. Enter the same trip dates and key in your age as 56 years old, and your State as NY. Access America’s BASIC Plan is only $43 and it includes a WAIVER for pre-existing conditions if you pay within 14 days.

    So please don’t be an idiot. Why pay Orbitz more (about $18 more) and get LESS? Go directly to the insurance site, pay LESS and get a WAIVER for free. Next time please use your head before you buy anything online. Better still use a good travel agent. Cheers.

  • Mark K

    Thanks.  I knew I should have gone to law school. ;-)

  • Arizona Road Warrior

    As a long-time reader of this blog, it is common that the people that write to Chris do it in a way to support their claim, position, etc.  It is common that we don’t get the whole story. 

  • Bgirl_nw

    How about this one…Access America plan purchased for a flight to travel for surgery.  Surgeon’s office changed surgery date, so original flight needed to be cancelled and rebooked for a week later, at a much higher price.  The cancellation had nothing to do with my medical condition–it was a scheduling error on the docs part.  Should I have not even purchased the plan in this instance?  I admit, I purchased it hastily without reading the plan.

  • Charlie

    The schedule change is due to a human error, not an accident, and would certainly not fall into any of the covered reasons I saw on their website.  I would ask the doctor to cover the difference since it is his mistake.  If a travel agent had made a similar mistake and booked you on the wrong cruise and you bought airfare based on the agent’s incorrect information, would you have filed an insurance claim or asked the agent to make good on the mistake?  Same thing applies here.