The Prime Travel Protection Services mystery is solved

So who is Prime Travel Protection Services?

I asked that question yesterday after one reader lost two cruise vacations when his insurance claim wasn’t honored by the company. Specifically, he alleged that Prime Travel Protection Services, Travelers Protection Services, Vacation Protection Services and Trip Assured, are one and the same. This morning I got a call from Jerry Watson, the president of Prime Travel Protection, with the answer.

The four businesses appear to have at least one thing in common: him. “I was involved with all those companies,” he said.

Watson sold policies for Trip Assured and was a partner with Vacation Protection Services. After that company closed, he was a partner in Travelers Protection Services, but when he discovered what he calls  “irregularities” with payouts, he quit to start a new business, Prime Travel Protection Services.

Earlier this year, when Travelers Protection Services ran into what he describes as “financial problems,” he acquired its assets.

“What I’m doing now, I think, is right,” he adds.

And what is Watson doing? The reason he acquired Travelers Protection Services was to protect the agents who had sold his former company’s travel protection products and, ultimately, to process the claims that had been made against it, he says.

He estimates there are currently 250 outstanding claims out of 60,000 policies underwritten by Travelers Protection Services. They could cost his company anywhere from $300,000 to $600,000.

I asked Watson if the products sold by his company as well as its predecessors, were insurance. “It’s not an insurance product,” he told me. For that reason, he said, it does not need to be registered as a licensed seller of insurance in Colorado. Technically, Prime Travel Protection Services insures itself, although it has business insurance that would take care of some of its outstanding claims if it were to go belly-up.

All of which brings us to the case of Paul Donahue. Here’s what he had to say about his grievances.

There were two claims from Mr. Donahue — one in February and one in April. We reviewed the medical records with a physician, and determined that he would have been able to travel. The conditions weren’t disabling. That’s what we based our denial on.

It would have been nice to tell Donahue of the formal denial. He’s still under the impression that his claims weren’t processed at all. But Watson says both the travel agent and the customer bear some responsibility for this misunderstanding.

People often don’t read the contract. We try to do everything we can to let them look at the policies, including giving them a free 10-day look. They can get a refund anytime before that 10 days. In a lot of cases, the agencies don’t understand what we’re selling.

Maybe this is one of those times. A traveler who though he was insured, but wasn’t. A travel agent who sold travel protection without fully understanding what it could — and couldn’t — do. And a travel protection company that, by its own admission, could have been clearer about its product.

  • Robert

    Although I have followed this blog for weeks, this is only my second post. I am at the point now that I cannot sit on the sidelines. First of all, with all due respect, Arthur you are “off the wall”. Your posts are nothing more than drivel. You whine, complain, write about your “group”. Most of the other posters post equally sophomoric garbage. Do we care about “informants” or the fact that the Russo’s have more than one house or that ITravelInsured sells real insurance or that Scoobydoo did an internet search for a Florida statute regarding extortion? Let’s look at the facts and the facts alone:

    Many people were scammed by Prime Travel Protection. Prime is now out of business and by all accounts they were selling a protection policy made to look like an insurance policy. This of course was illegal as was the situation that I found myself in with Trip Assured. Same type of product and most probably illegal.

    Arthur rants and raves that the travel agents are responsible and there is some compelling information that substantiates this fact. I ask you to review the post by Peter above on February 8 at 1:49 PM.
    He writes about his agent, a Lee Smolinski.

    Mr. Smolinski is the owner of Palm Coast Travel and Smartcruiser, the internet arm of his retail agency. According to the discovery conducted by the lawyers in the federal class action suit against Trip Assured, documents (of which I have in my possession and could be obtained by anyone) list all the agencies with Trip Assured contracts. Next to the agency name is the contact information for the sales representative who handled the account and a number that appears to indicate a commission amount…between 30 and 49. Palm Coast Travel is the only agency with the number 49 on the list. Legendary Journeys is listed with the number 40 as is the defunct Cruise Value Center out of New Jersey. Best Price Cruises shows up on the list with the number 32. The latter three agencies all list a “JW” as their representative. (Didn’t Jerry Watson work for Trip Assured prior to Prime?). There are almost 1000 agencies on this list.

    Arthur’s complaining and running in circles, plus all the other conspiracy theories will get you no where. The facts as I have presented are confirmed and available to anyone. These are agencies that once made huge commissions selling a confirmed illegal trip protection plan and they did it again…to you.

    (If you would like to know if your travel agency appears on this list….please post the name)

  • Robert

    One last point…just because your agency may appear on this list does not mean that they did anything intentional. Many agencies sold the Trip Assured protection policy believing it was reputable. However, after learning of the multiple cease and desist orders based on the illegality of the product, one would assume your agency would not offer the same type of protection plan again. Based on the information on this blog, it appears that the four agencies mentioned in my previous post did indeed continue to sell such a product.

  • Harry Baxter

    Just one quick point, Robert. Two of the biggest travel agencies in Florida knew that they were doing something illegal. Several months ago, they received information on the Florida statutes. This provided them with information that it was illegal for their agency, even if they had a registered Insurance Agent on board, to sell a product that wasn’t insurance. I suspect that they’ve known that for a long time, but I’ll leave out speculation for now. They had the opportunity to check withe the appropriate State agency to determine if the company (Prime Travel Protection, etc.) was registered to sell insurance. Either they didn’t check, or they just didn’t care, because of the large profits being made. As of today, these two companies are still selling “travel protection”, even though one of them posted on this board quite some time ago that he had changed his ways, and was going to start selling Travelex, a real Insurance product.
    Also, don’t minimize the risk due to scam companies going out of business. As long as inbreeding and greed exist, these companies will always be with us. The purpose of much of this action is to inform the public so that they can recognize a scam, and make penalities for violation severe enough to deter some of the scam artists.

  • Robert

    Note to Harry Baxter:

    Were either of those two travel agencies that you state were warned several months ago among the four that I indicated were contracted to Trip Assured in my previous post?

  • Harry Baxter

    Yes.

  • Robert

    Based on the postings on this blog, we know that Cruise Value Center is no longer in business. Therefore, Harry can you provide information on which two of the three were previously warned about Prime?

    Frankly, it doesn’t matter because the four that were listed in the discovery information were well aware of what they sold. An excuse that they didn’t know the product was illegal won’t fly anyway and then to do it a second time!

    If Arthur and his “group” really want to pursue their losses, this is the avenue.

    Arthur: You’re not gong to get anywhere with Prime nor will you succeed with your rants on this board. Grow up.

  • Harry Baxter

    Legendary Journeys and Best Price Cruises. You might want to read my correspondence (the first of several) with BPC, written five months ago:
    ————————————————————————————————————-

    From: Harry Baxter [mailto:harryb1964@yahoo.com]
    Sent: Thursday, September 18, 2008 6:30 PM
    To: staff@bestpricecruises.com
    Cc: ron@bestpricecruises.com; harryb1964@yahoo.com
    Subject: Prime Travel Protection is a Fraud!

    Dear Mr. Russo:

    As a satisfied customer of Best Price Cruises, I was stunned today to learn that you would, even inadvertently, expose you customers to the risk of thinking that they had travel insurance, when in fact, you’re giving them a free product from a known fraud merchant, Mr. Jerry Watson, CEO of Prime Travel protection. I only discovered this when a friend sent me the following information from your website:

    http://www.bestpricecruises.com/travel_insurance/vp.htm

    Giving the product away as “free insurance” isn’t an excuse. The product is worth less than that, and if you have any registered insurance agents on your staff, you are risking the health of your company by dealing with this company. Even Legendary Journeys, who I consider a less-than-reputable company, dropped Prime as a supplier when they found that Tennessee had issued a Cease and Desist order against Mr. Watson’s fraud company. Do you remember Trip Assured and McKinley Johnson? Trip Assured is now out of Business. Mr. Watson got his start there. He’s now performing the same fraud, in several states, under several different company names.

    Please read the following link which appears on the Cruise Critic Board: http://boards.cruisecritic.com/showthread.php?t=836190

    Please don’t regard this a a crank letter. I’m not a crank, but I’m an individual who was defrauded by Trip Assured. I know many other people who were defrauded, and I even know of some Travel Agencies who were forced into bankruptcy after dealing with Mr. Johnson and Mr. Watson. I plan on taking many cruises in the future, and I don’t want to see your company, one that I regard highly, disappear. After you drop Mr. Watson, he’s probably sue you. Don’t take it personally; it’s his modus operandi.

    If you don’t take action, that’s your decision. Hold on to this note, though, and read your travel industry literature faithfully. In the next couple of months, some unpleasant things could happen to Mr. Watson’s company as a result of action by more states, including Florida . Please don’t get caught in the web that Jerry Watson is weaving.

    HarryB1964
    ———————————————————————————————————–
    BPC’s response was that since they couldn’t locate my name in their customer database, they couldn’t take any action.

  • arthur

    In the US we have freedom of speech and can express our personal views on the Internet. Robert, you have every right to say whatever you wish but, I don’t have to like you.
    I have respect for all the postings especially Harry, watchpuppy, Sally, Al and Concerned.
    In your twisted way Robert you do emphasize some salient points.
    Arthur

  • concerned

    Regarding Arthur’s post, should we be posting anymore? If not, how do I & others keep up with this?

  • arthur

    I am sorry concered I was teasing Mr Smolinski. Post away.

  • Harry Baxter

    An apology to ITravelInsured and Bill Dismore

    After doing some research that I should have done before posting about the above, I’d like to apologize to Mr. Dismore and his company. I talked with North Carolina Authorities who have been very active in pursuing insurance fraud investigations, and this is what they told me:

    “Bill Dismore of Indianapolis, IN is the COO & Executive VP of iTravelInsured. Also, information posted on the company’s website indicates the insurance products are underwritten by Delos Insurance Company, New York, NY. Search of this Department’s licensee records confirmed that William E. Dismore of Indianopolis, IN holds a North Carolina non-resident insurance agents license and he is the NC affiliated agent of iTravelInsured. Delos Insurance Company is a NC licensed insurance company and iTravelInsured holds a North Carolina corporate license. From an insurance licensing perspective, everything appears to be in order. I also checked our consumer complaint database, and did not find any complaints referencing William Dismore or ITravelInsured.”

    I jumped to a conclusion based on “Guilt by Association” which was wrong. It seemed reasonable to conclude that since Legendary Journeys and BPC have shown that they were willing to take chances on selling an invalid insurance product offering high commissions despite proof that this practice wasn’t legal, they would be willing to associate with a fourth scam company, following their deals with Trip Assured, Vacation Protection Services, and Prime Travel Protection. In this case, I was wrong. If in fact there is an association between BPC and ITravelInsured, (LJ appears to have mislead about his decision to sell Travelex), my hope is that BPC will take a first step in mending the ways of the company, pay off the vailid unpaid claims that the company caused, and join the community of travel agents nationwide who function in a professional, honest manner.

  • CruisingGranny

    This indignant note is addressed to Mr. lee Smolinski of Palm Coast Travel

    Dear. Mr. Smolinski:

    I am a twenty year resident of Palm Coast, FL, a quiet, law-abiding community South of St. Augustine, FL. I’m also an avid cruiser. While researching the web today for well-priced insurance packages to cover my next cruise to Asia, I came across a lot of information on your dealings with scam insurance products, and the $$s that you’ve accumulated by involvement in this scheme. However, I’m even more OUTRAGED that you’ve had the nerve to call your company Palm Coast Travel, and in the process, insult our community and local travel agents by giving people the idea that our honest, blue-collar community would even allow your company to operate for long within our borders. As a private citizen, I’m demanding that you immediately cease using this name for your company, but I know that you won’t do that. I will, however, be contacting our local Chamber of Commerce to contact you with a well-publicized memo which deplores your shady tactics, and insists that you immediately cease using the name of our fair community.. I will also be contacting a family friend who is a very successful Litigation Lawyer, to determine whether you’ve illegally used the name in a way that most likely has harmed our community.
    We’ve had the name for several decades, Mr. Smolinski. How long have you used it?

  • Barbara

    My husband and I, we just discovered, have also been scammed by Prime Travel and Legendary Journeys. We were scheduled to travel 10/20/08 but he had sudden open heart surgery on 10/17/08, I followed all the instructions from Legendary Journeys to cancel but the outcome is the same as everyone elses.
    No wonder Legendary always requests cash payment stressing you can save $200.00 and there they sit with our cash now. If we had used a credit card we would stand a chance to have some monies returned to us. A shame seniors are being taken like this!!

  • Richard “Rick” Siebel

    Donnie,
    Thanks for alerting me. Per your request I am posting a copy of this e-mail on the blog, Elliott.org. I am addressing this to Bill Reischman, Palm Coast’s City Attorney and also to Jim Landon and Jon Netts. I’m sure Jon will see that the District 1-4 members will also receive a copy.

    Hi Bill,
    Don Wilde forwarded me a post that appeared on a cruise line blog, “elliott.org”. I am copying the exact post below for you. I certainly think this is a matter to pursue, especially if the information by the informant is accurate. I have no way to confirm these facts, but I’m sure your staff could dig into the matter. I know this will not sit well with the Council if true, but I’ll leave it up to you to pursue. Hope all is well. BTW, Josh will finally graduate this June – he’s off the payroll at last!

    All the best,

    Rick

    On February 9th, 2009 at 5:01 pm CruisingGranny said

    This indignant note is addressed to Mr. lee Smolinski of Palm Coast Travel

    Dear. Mr. Smolinski:

    I am a twenty year resident of Palm Coast, FL, a quiet, law-abiding community South of St. Augustine, FL. I’m also an avid cruiser. While researching the web today for well-priced insurance packages to cover my next cruise to Asia, I came across a lot of information on your dealings with scam insurance products, and the $$s that you’ve accumulated by involvement in this scheme. However, I’m even more OUTRAGED that you’ve had the nerve to call your company Palm Coast Travel, and in the process, insult our community and local travel agents by giving people the idea that our honest, blue-collar community would even allow your company to operate for long within our borders. As a private citizen, I’m demanding that you immediately cease using this name for your company, but I know that you won’t do that. I will, however, be contacting our local Chamber of Commerce to contact you with a well-publicized memo which deplores your shady tactics, and insists that you immediately cease using the name of our fair community.. I will also be contacting a family friend who is a very successful Litigation Lawyer, to determine whether you’ve illegally used the name in a way that most likely has harmed our community.
    We’ve had the name for several decades, Mr. Smolinski. How long have you used it?

  • Robert

    I just read a post on the home site of this blog. The poster has claimed that Lee Smolinski has begun suing or threatening to sue his clients. This is unbelievable, but certainly not surprising. This is exactly what occurred with Trip Assured – the louder the customers complained, the more they were threatened.

    Mr. Smolinski has a lot of nerve. His Palm Coast Travel/Smartcruiser.com was very much involved in the previous travel protection scam having sold thousands of dollars of the worthless policy to his clients. When the previous company went out of business he certainly must have known what he was doing. Without skipping a beat he did it again with Prime and now he’s threatening his clients?

    I sincerely hope those of you who were financially hurt by Mr. Smolinski’s company’s actions report his threats to the authorities and outline the fact that this isn’t the first time he has sold an illegal product.

  • http://www.itravelinsured.com Bill Dismore

    To Harry Baxter:

    I just would like to say that I am glad that you took the time to research my statements and to thank you for your apology.

    Sincerely,

    Bill Dismore
    Executive Vice President & COO
    iTravelInsured, Inc.

  • Harry Baxter

    NEW RESOURCE FOR TRAVEL FRAUDS AND SCAMS!

    “If you are not signed up for FACEBOOK, please do so at Facebook.com. A new site will up in a matter of days, “I was scammed./threatened by Palm Coast Travel/SmartCruiser.com”

    All customers who either purchased a Trip Assured or Prime Travel Protection Plan can have their stories posted as well as any of the threatening letters you may have received. Access to the site will be by invitation, but industry organizations, federal and state authorities and the press will be invited to become our friends. If you have not already communicated with our group, do so now and we will provide you with information on accessing the site.

  • Robert

    This was recently posted on Cruise Critic:

    “Interestingly, a cached version of Prime Travel Protection’s Corporate Profile Web page, which has since been taken down, cites as its underwriter Ciela Capital Insurance — a company we’ve found no record of to date. Vacation Superstore Network, Inc., which operates Best Price Cruises, has said it will file action against Prime Travel Protection for misrepresentation of underwriting and state compliance”

    According to Prime, Ciela Capital Insurance is registered on the island of Vanuatu. Secondly, I find it laughable that BPC is going to file an action against Prime. If they do, will they tell the court that this is their third encounter with the same bogus protection product they passed on to their clients? Of course all three times they sold a product that was not compliant with state regulations. BPC represented Trip Assured and Vacation Protection Services prior to PTP. The former two were ordered shut down by the state authorities. Poster Harry Baxter claims this is BPC’s fourth time selling this worthless and illegal product. Which one am I missing, Harry?

    So, you have Lee Smolinski from Palm Coast Travel apparently threatening and suing his clients because they have been vocal in demanding refunds and you have BPC threatening to sue PTP which will get no one anywhere. Why don’t these two travel agencies due the honorable thing and refund their clients? Neither can say they didn’t know what they were selling. If t hey try, it won’t work.

  • Robert

    One final comment…

    If the agencies that are frequently mentioned on this board think for one minute that they will prevail should their clients pursue legal action, I suggest they have their legal counsel review Marcus v. Zenith Travel – a New York case that was upheld on appeal. A case you can bet will be center of any legal action. The only difference between the current situation and the Marcus case is the fact that many of those defrauded by PTP can prove very easily that it wasn’t the first time that their agents engaged in the sale of an illegal protection plan.

    The agents should be praying that that there is no lawsuit filed, that their state authorities do not come down on them or the feds decide not to pursue action. Since most of the clients were seniors, the alleged threats of lawsuits by Mr. Smolinski might be the only way to scare off what appears to be a growing group of very upset clients.

  • Harry Baxter

    To Al;

    Sorry, Al. I miscounted. I guess that I was already including the next dubious product that the referenced company as well as dozens of other complicit travel agencies will be selling if they ‘dodge the bullet” this time. Let’s not let that happen.

  • Peter

    I am a client of Smartcruiser.com and have been asked to post a final demand letter addresses to Lee Smolinski. Before I do that I have posted below my second letter to Smartcruiser.com (the first was ignored) dated November 2008. No reply or acknowledgement.

    November, 9 2008
    Smartcruisers.com/Palm Coast Travel/Smart Travel Group Ltd
    To fax: 561-393-7622

    Lee Smolinski

    Cruise Booking: HAL Alaska 8X7XVW
    The claim I referred to has officially been denied. I hold you responsible as their agent to reimburse our claim. Please pay our full costs within 7 business days

    There is what looks like a scam, involving your recommended travel insurers and your clients.
    Prime Travel Protection Inc. /Prime Travel Protection Services/Travelers Protection Services/Vacation Protection Services/ and Trip Assured (all the same) have been represented by you as a legitimate insurance provider on your web site and in several documents. Mr. J Watson has been owner or manager of all these firms but is not licensed as an insurance supplier. Indeed he has been prohibited from carrying out insurance activities in five states
    Please take time to study http://www.elliott.org/blog/the-prime-travel-protection-services-mystery-is-solved/ and especially the follow ups where you will see a Florida travel agent Legendary Journeys was also held responsible for a failed claim. It is a very frightening picture.
    Complaints against Smart Cruisers.com/Palm Coast Travel/ Smart Travel Group Ltd
    Your web site automatically selects one of the above mentioned insurers
    You represent them as travel insurers when the companies claim they sell protection – to bypass the state and federal overseers.
    In a letter/e-mail you inform me that travel insurance is with Access America and this name has never been amended by you.
    After requesting insurance information twice it eventually arrived 4 months after you had bought a policy thus rendering the clause of a 10 day review ineffectual.
    You and your firm as official agents of the above “protectors” should have been aware of the insurance misrepresentation so are complicit and responsible for their non payment of a legitimate medical cancellation claim.
    Unless by liaison with Mr. J Watson you can get our claim accepted and paid I will bring action against you and your firms as responsible partners in the contract in the courts of Florida and California. For your information I have also instructed counsel to discuss a class action suit.

    Yours sincerely
    Peter Lay
    Cop letter HAL
    Copy letter PTP
    Copy Florida Department of Investigation.

  • Robert

    Mr. Lay – Your letter is compelling. However, the details are not as important as the fact that your travel agent, Mr. Smolinski has been involved in selling this type of travel protection before…and that can easily be confirmed by public documents found in court records from the Trip Assured federal lawsuit. I have them and I’ll provide them to you if you post an e-mail address on this blog.

  • CruisingGranny

    AVOIDING FRAUD TRAVEL INSURANCE

    Another year has arrived, and with it, another scam travel insurance company, Prime Travel Protection, has gone bankrupt, leaving hundreds of customers in debt for thousands of dollars after they found out that the travel insurance policy that they thought they had was worthless. To make matters worse, recent disclosures indicate that the Travel Agency who sold them the product may have known that the product was worthless! Two related cruise sellers, Cruise Value Center and Cruises of Distinction went bankrupt last November, and both were sellers of this fraud policy, but two very large travel companies in the state of Florida, Best Price Cruises and Legendary Journeys, are continuing to sell products labeled “Travel Protection” today, after having previously sold Trip Assured, Vacation Protection Services, and Prime Travel Protection, all run by the same crooked group of individuals. One of these companies, Legendary Journeys, still appears to be selling a fraud product after promising in a public forum that he would start selling a valid insurance product, Travelex insurance. There are additional travel agencies nationwide who are also selling these products.
    Some of you who are reading this may have purchased the product, which may have been labeled as “Travel Protection” from your TA. If you did, and you took your trip without mishap, you’re among the lucky ones. However, if you’re currently holding one of these policies, and you haven’t taken your trip yet, go after your TA, and go after him hard. Don’t take No for an answer. Demand that he provide you with a policy from a reputable travel insurance company, and demand that he find a way to insure you for any pre-existing conditions that the new policy won’t cover. He created the problem, and he has to solve it. If you don’t get anywhere, get in touch with us, and we can provide information on where to complain.
    Documented problems with this company began to appear on the internet and even on Cruise Critic last September, but the story could have been missed because it was posted in a place where the person seeking information wasn’t looking. Hundreds of additional customers were victimized after it was known that the company was a scam. Cruise Critic UK published an article on the Prime Travel Protection’s demise this week, but a lot of the information was outdated, since it didn’t include information on the involvement of the travel agents. Of course, publishing the information now isn’t of much use, since it represents “Close the barn door after the horse has escaped” journalism. Problems with Trip Assured began to surface in late 2003, but the company didn’t go out of business until 2006, after multiple States issued “Cease and Desist” orders against them, and all major Credit Card companies refused to accept their business. Again, most of the warnings came after the horse disappeared over the horizon.
    You need to do your own due diligence. I would not purchase travel insurance from my travel agent. You may want to do otherwise, but if you make that decision, do it carefully, and demand that your agent provide all of the information that you need to make you comfortable. There are several websites which have been written about on these boards that will provide you with competitive quotes from major sellers of travel insurance. While it’s possible that you could still encounter problems when you submit a claim, I’ve yet to hear of a scam company being listed on one of these sites.
    I once took a trip with an elderly lady who slipped and broke her hip while we were in the Czech Republic. The cost to do a medical evacuation was $50,000, which her travel insurance policy paid. Think of being in this situation yourself. Could you afford to pay for this out of your own pocket? It’s your money that you’re safeguarding, so as part of your cruise (or trip) planning exercise, include an item on buying the right travel insurance. You won’t be sorry.

  • Harry Baxter

    Good post, Granny. The only thing that I’d add to it, though, is that I received a copy of the Trip Assured agents from another member of the group, and your old friend Lee Smolinski, who is currently slandering your hometown by his use of “Palm Cost” in his agency name, was a prominent member of the list as well. If Mr. Smolinski can spare the cost of a few more hours of his billing time, we’d be happy to send a copy of the list to his Lawyers. All he has to do is ask, and post the email address of his Law Firm on this blog.

  • Peter

    As promised below is my perfectly legal and polite final demand letter.
    No response from Mr Smolinski.

    To Sue Gorton and Chris McGuire Florida Bureau of Investigation

    Mr Lee Smolinski has refused to receive my complaints and is going to sue me.
    Here is my final demand letter which summarizes all the documents you received from me.

    February 8, 2009
    Dear Mr. Smolinski

    I believe you are gentleman of European origination, as am I, and I appreciate your gentlemanly responses to my claims.

    I don’t think you understand my personal claim? The complaint is about you breaking the Florida state law by selling a policy you described in all your documents as insurance when it was not. The policy was an illegal sham and had no credibility.

    I believe you are personally responsible, colluded with Mr. Jerry Watson, Mrs. Christine Watson and Prime Travel Protection Inc to purchase a false policy for your financial gain.

    I believe, in a court of law, I can bring enough evidence and witnesses to prove my case.

    1 You sold me a policy, by taking a premium of $309.00 for Travel Cancelation Insurance on November 16, 2007. The premium was paid to Palm Coast Travel (one of your companies) via American Express. The company providing the policy shown in that document was Access America.
    2 You did not pay the premium nor order a policy from Access America. You kept the money.
    3 I postponed the cruise with HAL until September after first asking if my deposit and insurance premium could be transferred. At that time I was informed the insurance premium was not refundable.
    But, you had not paid the premium nor ordered a policy from Access America, therefore, how could it not be refundable.
    4 In early March 2008 I received an e-mail from you stating the cruise deposit and the insurance premium would be transferred to a new date with the same cruise line.
    5 On March 4, 2008 I received a communication from Access America and a full policy of insurance plus an e-mail from you giving coverage details. Access America will testify they did not receive an order or a premium in my name until March 4, 2008.
    6 On March 5, 2008 you cancelled the Access America policy by contacting that company. Obviously you had revealed the fact to me that you had kept the premium for your own use. Access America will testify you cancelled my policy E06193891 March 5, 2008.
    In Florida that is illegal.
    Despite e-mails to you asking for an insurance policy dated 4/5/2007 (2 e-mails) 8/18/2008 and 8/19/2008 Heidi Thoms, you failed to produce a document.
    7 On August 28, 2008 a policy document was e-mailed to me by a company named Prime Travel Protection Inc. It was not insurance. The covering letter showed a date of March 5, 2008. I checked with PTP and they said you had not paid a premium nor ordered a policy on my behalf until late August. I will subpoena the employee, Danielle, to be deposed or be a witness for this fact.
    Under the 10 days review clause I requested cancellation but was denied because the cover document was dated March. My computer records will show the first communication was August 28, 2008 from Troy Sandoval of PTP.
    8 On or about August 28, 2008 you knowingly ordered a travel cancelation insurance policy from Prime Travel Protection Inc, Arvada, CO which is unlicensed to sell insurance in the states of Florida or Colorado. This is illegal.
    9 On the top of the bogus contract PTP represented that ACCESS AMERICA were their underwriters. You know and have dealt with Access America and you are aware they are insurers not underwriters. It is illegal not to have underwriter.

    10 You Mr. Lee Smolinski are not licensed or authorized to sell insurance in Florida. Several documents are in the regulators hands showing Mr. Smolinski’s signature to be related to insurance.

    11 Revelex a travel booking mechanism introduced Mr. Watson to you and we have an eye witness who will be subpoenaed.

    12 Mr Jerry Watson and you were private club associates and friends. You were aware that Mr. Jerry Watson was a convicted felon because it is a matter of public record.
    You were aware that Mr. Watson’s previous companies Vacation Protection Services Inc and Travel Protection Services were issued a cease and desist order preventing them from selling insurance in seven states including Florida. They were dissolved on 12/20/2006 and 9/12.2008. The closing of these companies was a matter of public record.
    13 After Trip Assureds’ demise where Mr. Watson was VP, he moved to Colorado to continue under a different name and you moved your business with him.
    14 I have papers proving you were a client of Jerry Watson’s in 2006 and received a commission of 40%.
    15 In 2006 Mr. Jerry Watson was manager of Trip Assured and action was brought against Trip Assured which resulted in cease and desists. Mr. Ferguson of Legendary Journeys, a Florida travel agent, was also sued at the same time by a Californian. Settlement was made the evening before the trial in the Californians’ favor for an undisclosed sum.
    16 During the plaintive research for the C&D trial a Barry Resnick of CA and his attorney Mr John Tiedt spoke to you at length questioning you about involvement with Watson so you were fully aware of Mr Watson’s bogus policies at least 2 or 3 years ago.
    Mr. Resnick and Mr. Tiedt will testify against you.

    17 Thank you for sending me the e-mail from Jerry Watson. To ask a former felon and perpetrator of the scam to give himself a reference is beyond my comprehension.
    30 seconds of computer key strokes would give you the answer to whether Watson was licensed or not, a felon or not and an owner of three dissolved and self liquidated companies.
    18 We have confirmed proof that you sold this illegal product once and now you have done it again.” This proof has been given to the Florida Bureau of investigation.

    Mr. Smolinski I demand you pay my claim in full immediately.

    Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.
    Yours faithfully

    Peter Lay

  • TheLawLady

    There have been numerous cases regarding a travel agency’s duty to warn and inform. The Marcus v. Zenith Travel is one of many. In the Marcus case the travel agency was held liable because they did not investigate the financial stability of a tour operator that they had booked for their client. Agents have been found liable in many other instances for their failure to warn and inform. As a professional travel agent, ignorance is not defensible, certainly not the second time.

    I have checked the court documents and indeed Best Price Cruises, Legendary Journeys and Palm Coast Travel/Smartcruiser among many other agencies were involved in selling a trip protection plan that was deemed illegal. The facts surrounding the problem with this illegal product were reported extensively in the trade papers. While the travel agents may have been duped the first time, they certainly should have known what they were dealing with the second time.

    The losses that these agencies and/or their clients were faced with after the demise of the previous trip protection company were staggering as the court cases reveal. To sell the same type of unlicensed protection plan again is inexcusable. Threatening lawsuits against clients who have lost large sums of money as a result of purchasing this product is unconscionable.

  • Confused

    Hi Peter!
    I have been curiously following this blog. I have to say I am pretty confused right now. There seem to be lots of things that don’t add up. In your final demand letter to Smolinski you indicated that you had an Access America policy and then it was cancelled and your received a policy from Prime Travel Protection. I am confused by your statement that you postponed a cruise. I wasn’t aware that could be done. I always thought you had to cancel a cruise and book a new one.

    You claimed that Mr. Smolinski kept the money that you paid for the Access America policy. Did he also charge you for the Prime Protection policy? This is isn’t clear in your post.

    Maybe it is just me, but I can’t seem to understand really what you are saying or what occurred in your transaction. You mention all kinds of things that really don’t seem to be related to your claim and really seem irrelevant. I think one thing that everyone can agree on is that you had a claim and it wasn’t paid. Is that correct? Would you care to share the details of the denial as I think it could help a lot of other victims here, including myself?

    At the top of your post you said that Smolinski has never responded to your complaints. Is this true? You seem to contradict yourself at the bottom of your post by saying that “Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.” I can only assume that what you posted on this blog was some type of response to Smolinski sent on February 8th?

    I may be wrong and I am sure people will correct me, but if you claim that Smolinski never responded to your complaints, how could you possibly have a suggestion from him? At the beginning of your post you claim Smolinski ignored you and then at the end you claim he made a suggestion. Could you please explain this inconsistency?

    I am not an educated MBA or lawyer (like most of the posters) so maybe I just don’t get it. You stated, “Your suggestion of using Access America as an intermediary is unacceptable because as I have stated it is not an insurance denial but the legality of your association with a known fraudulent insurance policy.” With your statement, it is clear that some communication occurred between you and Smolinski regarding your claim and some offer / suggestion was made.

    What also strikes me as kind of odd is that you seemed to be angry that Smolinski cancelled your coverage with Access America, kept the money, and placed your coverage with Prime but yet you dismissed Smolinski’s “suggestion to use Access as an intermediary”. Reading your post is like a dog chasing his tail. It seems like a big piece of the puzzle is missing and that is a communication from Smolinski pertaining to his “suggestion” to you. Peter, do you have such a communication and if you do, could you post it? I think it may clear a lot of things up.

  • Curious

    Could somebody please confirm which Jerry Watson is being referred to? Is it Jerry C. Watson from Watson & Hughey infamy who has been sued by at least 15 states for various ‘dubious’ business practises including several direct mail firms??

    Just curious.

  • watchpuppy

    Jerry A. Watson

  • Robert

    The Jerry Watson referred to is Jerry A. (for Andrew) Watson. Regarding Confused’s comments about Peter’s letter…whew, I agree. After reading it I feel like I was on a treadmill going in circles. Peter is mixing up the issues of Trip Assured with Prime Travel Protection. Watson left Trip Assured at the end of 2003 and the C & D’s that were issued to Trip Assured were done long after Watson had left. However, many of the associations that Watson had cultivated while at Trip Assured continued through his subsequent companies – Vacation Protection Services, Traveler Protection Services and ultimately PTP.

    Peter is obviously angry at Mr. Smolinski for denying his claim. However, the issues he has presented are secondary to the fact that this is the second time Mr. Smolinski’s agency has engaged in the sale of an unlicensed travel protection policy.

  • Robert

    More clarification regarding Mr. Lay’s post:

    In his point number 14 he claims to have papers showing that Mr. Smolinski’s agency was a client of Mr. Watson in 2006 and earned a commission of 40%. This is not completely accurate. Mr. Smolinski’s agency, Palm Coast Travel/SmartCruiser was working with Trip Assured as evidenced by the legal documents Mr. Lay refers to. However, Palm Coast Travel/SmartCruiser’s representative, according to the document, was not Jerry Watson. The number 40 refers to what appears to be a commission structure. For Palm Coast Travel/Smart Cruiser the number appears as 40/49. Mr. Watson was the representative for Legendary Journeys and Best Price Cruises, but by 2006 he was no longer with Trip Assured. The name of the representative for Palm Coast Travel/SmartCruiser is irrelevant to this discussion.

    Mr. Lay also contends that Mr. Watson’s previous companies were issued cease and desists by seven states. This is incorrect. Mr. Watson’s previous company, Traveler Protection Services was issued a cease and desist in May ’08 by the state of Tennessee. This order was signed by Mr. Watson. An earlier company, Vacation Protection Services was also ordered to cease and desist by the Tennessee authorities. This order was issued in December ’06, however there is no reference to the fact that Mr. Watson was associated with this company at the time of the order. It is known that at one time he was affiliated with this company, however.

  • Tigerlilly

    Whilst Peter maybe made his final demand too long who can blame him, he lost his cruise and his money like many of us.

    Concerned is throwing up a smokescreen and is trying to get the target issue pushed into obscurity.

    There is one overriding issue – Smartcruiser, BPC, LJ and the others sold illegal insurance from an unlicensed provider who in addition did not have an underwriter.
    Not once (with Trip Assured) but TWICE.

    Quote:
    (7) breach of fiduciary duty [ Unlike travel suppliers and
    tour operators, travel agents have a fiduciary relationship with their customers [ see Brown v. Hambric40 ( travel agents are “ professionals and fiduciaries and are expected to be
    knowledgeable of the travel services they sell “ )

    [d] Consumer Remedies & Penalties

    [i]-United States

    Any violation of a Travel Seller statute should, as
    it does in Florida……constitute a violation the each State’s Consumer Protection Act giving rise to a private right of action and entitling the consumer to treble damages, attorneys fees and costs.

    It also appears from Peters demand Mr Smolinski did not fulfill his fiduciary responsibilities by NOT buying insurance from anyone for three months.

    EVERYTHING ELSE IS IRRELEVANT.

  • Peter

    Robert, I stand corrected. I am a smple senior trying to get a refund for what was our 40th Wedding Anniversary cruise.

  • Harry Baxter

    I think that we’re losing sight of the main issue here, and if we don’t self-correct, we’re going to wrap ourselves around the axle with infighting while three rogue agencies continue to sell bogus products while making huge profits.

    The issue is simple…there are several agencies who sold their clients an unauthorized, illegal trip protection plan between 2001-’06. The company they used, Trip Assured was run out of business by several state regulators including Florida. The travel trade published extensively about this matter. Despite this, we know of three prominent Florida agencies – Best Price Cruises, Legendary Journeys, and Palm Coast Travel that began selling the exact same product within months of the demise of Trip Assured. THIS IS THE ISSUE!

    Can we agree on this, and get our cause out of the ditch and back on the road? Your comments are welcome.

  • Confused

    Robert,
    Thanks for clarifying a few of those issues in Peter’s letter to Smolinski. You seem to be “in the know” regarding that some of Peter’s “facts” are really not accurate because you have documents in your possession to indicate otherwise. Robert, you mentioned that you lost money due to Trip Assured. Were you a plaintiff in the legal action that took place?

    After my post last night, I re-read the entire blog again and still felt like that dog chasing his tail. I was caught by the fact that the language in Peter’s letter to Smolinski was very similar in tone and content to language posted by Arthur. Maybe you noticed the same thing. Robert, I think you may be putting 2 and 2 together too. I went back to an email that I sent to Arthur for help a few weeks ago and at the bottom of the email was a fax number he provided me to send him documents. I won’t list the fax number he gave me here due to privacy concerns, but when I Googled the number it came up as belonging to Peter Lay. I believe due to this fact that Peter Lay and Arthur are the same blogger.

    Another item that I didn’t notice until I re-read Peter’s letter to Smolinski was item #17 which stated, “Thank you for sending me the e-mail from Jerry Watson. To ask a former felon and perpetrator of the scam to give himself a reference is beyond my comprehension.” This is further proof that Smolinski had been communicating with Peter contrary to Peter’s assertions otherwise that Smolinski had been ignoring him.

    Peter also indicated in item #12 claiming Smolinski knew that Watson was a convicted felon because it was public record. I have tried to find this information online but have unable myself. Could someone point me in the direction as to where I can find it? Many people on this blog mentioned this as a true fact, but I can’t find it anywhere.

    I am also confused with what you said Robert about documents in people’s possession with reference to Trip Assured lawsuit. I could not find any of these documents online either. Granted I don’t have access to the tools that lawyers have. Are these posted in a certain court docket? If Peter Lay a/k/a Arthur has documents such as these in his possession then they must be readily available on a court docket. I am not a lawyer but was involved in a lawsuit and when the case ended we were required to destroy all documents obtained in discovery. My belief is that the public is not entitled access to documents provided by the litigating parties unless they have been entered into a court record or used as evidence in a trial. Did the Trip Assured case go to trial? Is there a lawyer here that can answer these questions?

    I am now of the belief that Peter a/k/a Arthur is confusing this blog with irrelevant and misleading information and should provide the communications between Smolinski and himself. I don’t know about you, but I am really curious about seeing this information, especially the “email from Jerry Watson to Smolinski” that he mentions in item #17 and even more so, the “suggestion of Smolinski” that was stated at the end of his parable.

    What do you have to say Peter?? Arthur??

  • Peter

    Thank you for your constructive criticism and I apologize for all the irrelevant information I previously presented. I really need to stick to the facts of this issue and there really is only one. It doesn’t have to do with my claim, but rather the fact I was sold an illegal travel protection plan. The plan was sold to me by Mr. Smolinski who previously sold the same illegal protection plan for Trip Assured to his unaware clients. I also know that Mr. Smolinski’s selling of Prime Travel Protection’s illegal plan might have actually been the third time he engaged in defrauding his clients. I received a call from one of Mr. Watson’s former partners, Chris Poucher. Mr. Poucher enlightened me regarding Mr. Smolinski’s business dealings with Mr. Watson’s previous illegal companies. I’m sure Mr. Poucher will show up for a deposition if subpoenaed and he’ll use his real name, not “Charles as he appeared on this blog beginning with his first post on January 21.

  • David

    Whilst Peter maybe made his final demand too long who can blame him, he lost his cruise and his money like many of us.

    Concerned is throwing up a smokescreen and is trying to get the target issue pushed into obscurity.

    There is one overriding issue – Smartcruiser, BPC, LJ and the others sold illegal insurance from an unlicensed provider who in addition did not have an underwriter.
    Not once (with Trip Assured) but TWICE.

    Quote:
    (7) breach of fiduciary duty [ Unlike travel suppliers and
    tour operators, travel agents have a fiduciary relationship with their customers [ see Brown v. Hambric40 ( travel agents are “ professionals and fiduciaries and are expected to be
    knowledgeable of the travel services they sell “ )

    [d] Consumer Remedies & Penalties

    [i]-United States

    Any violation of a Travel Seller statute should, as
    it does in Florida……constitute a violation the each State’s Consumer Protection Act giving rise to a private right of action and entitling the consumer to treble damages, attorneys fees and costs.

    It also appears from Peters demand Mr Smolinski did not fulfill his fiduciary responsibilities by NOT buying insurance from anyone for three months.

    EVERYTHING ELSE IS IRRELEVANT.

  • Christopher Elliott

    I’d like to thank everyone for the comments made here.

    I think the mystery I referred to in the post is solved, so I’m turning off the comments.

    I think there are better places to discuss these grievances, such as an online forum or a court of law.