Insurance claim denied because of … air traffic?

Arthur Ruffino’s travel insurance claim is a real heartbreaker, for several reasons.

First, he did everything he could to make sure he was covered by his CSA policy, but was still denied.

Second, his well-reasoned appeal went nowhere. And finally, even though I agreed that his case should be granted another review, the insurance company dug in its heels.

“Passengers who think that they are buying peace of mind when they purchase trip interruption insurance should be forewarned that their claims may be denied — even if the interruptions are beyond their control, such as canceled or delayed flights,” says Ruffino.

The origin of the claim is a delayed Air China flight from Chengdu to Beijing. It caused him to miss his connection to an Air Mongolia flight, which considered him a “no show.” He had to buy a new ticket and flew to his final destination the following day.

“Despite the frustrations that I experienced, there was one consolation,” he says. “I had purchased travel insurance which covered trip interruption. Therefore, I knew that I would at least be reimbursed for the new airline ticket.”

But that’s not what happened.

When I returned home, I contacted CSA and informed the company of the incident.

I was sent a claim form to fill out. I accomplished the form and submitted it with the requested documents. Later, I was asked to provide a credit card statement showing that I had purchased a new ticket, despite the fact that I had already sent them a copy of the new ticket, as well as a document from Air China noting that my original flight had been canceled.

Some days later, I received a letter from CSA. I assumed it was a reimbursement check. Instead, to my shock, I learned that my claim had been denied.

The letter stated, “Two of your flights with Air China were delayed, causing you to miss your connecting flight with Air Mongolia. We spoke with a representative at Air China who advised us both delays were due to air traffic control….As the reason for your trip interruption was not due to a covered event, no benefits are payable for your claim.”

That seems like a gaping loophole. Under that scenario, CSA could conceivably deny almost any claim, because airlines routinely blame “air traffic” for delays that are caused by weather or mechanical problems. Even so, it shouldn’t matter — a delay is a delay, after all. Right?

Wrong. I contacted CSA and asked if they were certain of their decision.

They were. Here’s what a representative told me.

CSA’s policy clearly states coverage is afforded only in instances due to weather, strike or mechanical breakdown. I believe this is standard in most travel insurance policies.

Insurance plans are built to cover and exclude specific items. Because everything has to be spelled out in order to provide coverage, there are many items which are not covered and, unfortunately, air traffic control is one of those.

I’ve been mediating insurance disputes for many years and I have to admit, I was unaware of this exclusion, or that it was an industry “standard.” (Just because it’s a “standard” doesn’t make it right.)

Ruffino is unhappy with the response — as am I.

The fact remains that no reason has been provided by Air China for the action taken by air traffic control.

Could weather have been a factor? And is it possible that air traffic control is a convenient scapegoat for air problems in China?

How do visitors to China protect themselves? Certainly this gap in coverage needs to be addressed.

I agree. To have an adjuster call Air China and have a representative blame “air traffic” seems like a flimsy excuse to deny a claim made in good faith.

Ruffino thought he was protected, and that’s an assumption I would have made, too.

Should CSA have denied this claim?

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  • TonyA_says

    I think if he bought 2 (or more) separate tickets online, then each purchase will be covered by a separate insurance policy, too. Not unless he told CSA that he wanted to insure his WHOLE TRIP (i.e. tours, etc.). Following that line of thinking, since each flight stands separately on its own, then there is no connection between them to miss. That said, he needs to review if the policy will pay for noshows (for what reasons).

  • Ed Boston

    Yeah. Come on. There’s no need to be calling people idiots.

  • bodega3

    Charlie, you buy insurance and they provide you with an out of country number to call for assistance. Why make guesses at what you can or can’t, should or should’t do. Call! The outcome could have been or might not have been different, but at this point he doesn’t know that because he didn’t call.

  • TonyA_says

    They are probably better :-)

  • SoBeSparky

    No one said the delays were because of inclement weather. Air traffic control was only definitively stated reason.

  • TonyA_says

    Yeah but insurance will pay out if the delay was caused by INCLEMENT WEATHER. And as people here have stated, ATC delays can be caused by INCLEMENT WEATHER.

  • TonyA_says

    Chris, I re-read and saw this “Two of your flights with Air China were delayed, causing you to miss your connecting flight with Air Mongolia.”
    WHICH TWO? I thought there was only one Air China flight CTU-BJS.

  • SoBeSparky

    And caused more often, as experienced internal China travelers know, by overcrowded air traffic lanes because of the military use of airspace as well as broad restrictions over national security locations. As stated long ago in this thread, “Traffic delays are notorious, even when clear skies at departure airport, on route, and at arrival airport. That is just the way it is–arbitrary to a degree.”

  • TonyA_says

    The impression I get is that airlines ABuse the ATC excuse to get out of paying anything. So it is very possible that when the Insurance Company called Air China, that is what they told CSA. Must be an automatic reaction :-)

    I sell Air China and the #1 complaint my clients have is they mostly do not speak English. So this might be the easiest way to get a phone call to end – ATC, ATC, ATC …

    If you read my other posts, the irony is it does not matter if the flight was delayed by weather since his buying a new ticket was not covered, regardless.

  • Daisiemae

    The real question is should travelers buy travel insurance when it is quite clear that the deck is stacked against them ever getting a claim paid. Story after story shows that the insurance companies have it all figured out so that they never have to pay what ought to be legitimate claims. It just seems to me that buying travel insurance is flushing good money down a giant gaping toilet.

  • TonyA_says

    Here’s an article about it: http://travel.usatoday.com/deals/inside/2010-12-09-Travel-insurance-multi-step-tickets_N.htm#

    Since someone actually wrote an article about whether insurance will cover missed connections on flights with separate tickets, I guess this (rejections) happens more often than we think.

    It is important to note that the reason for the delay (i.e. ATC, weather, etc.) is secondary. The primary question is whether missed connections will be covered at all if you have separate tickets.

    I don’t want to try it, so I don’t buy separate tickets unless I am spending a lot of days in between them.

    For example, I would fly to Asia and back on Cathay Pacific (nope I don’t like Air China or China Southern or China Eastern). While in Asia, I will also buy Intra-Asia tickets because they are very cheap over there. But I make sure they get me back to my Asian Base well before I need to get back to the USA. Delay problems are not an exclusive CA problem. Everyone’s got them. So plan accordingly.

    The OP had the option to fly the same route using CA all the way for about the same price but he had to leave at night and wait at Beijing airport till the morning. Had he did that, then there was no need to buy another ticket due to No-Show.

    Insurance will not fix a lousy travel plan. I’d rather spend time creating a good plan than risk it.

  • TonyA_says

    John, what is the incentive for CA to lie to CSA? Even if the flight delay was caused by them, CA does not have to pay anything since they are not responsible for the OP missing his next flight which is on a separate ticket. CSA cannot recover money from CA on anything in this case.

    There is an incentive for CSA to lie so they don’t have to pay up. How do we know what transpired between CA and CSA? CSA can say anything it wants and we have to disprove them.
    Folks listen up. When I help clients document claims, we have to prove why we are right. The insurance company will look for every way to REJECT your claim. They are not thinking of ways to approve your claim. So unless you do your homework and document everything, you are pretty much wasting money.

  • TonyA_says

    I’m confused. Is there anything so special about this one that makes it worthy of a policy exception? Why reward people who book separate tickets or tight connections?

  • Jeanne_in_NE

    Excellent summary and overall advice.

  • bodega3

    Isn’t that the case with most insurances, be it for your car, your home, even medical. I always tell clients that the last thing travel insurance companies want to do is pay out, so call and ask all the questions you can think of to help make the correct decision for their travel plans. BTW, there is more to travel insurance than trip interruption and cancellation and I am sure the OP took the coverage out for those, too. Sadly, he didn’t call the company when his flight was delayed, even if it meant as soon as the plane touched down.

  • christmas is coming

    if the plan does not say “Common Carrier delay” – it would not be covered. Most Trip Delay covered reasons are for specifically listed covered incidents that can be proven in writing. and Trip Delay usually does not cover the cost of tickets etc.
    did you read the coverage and exclusions?

  • technomage1

    Good to know. I’ve always considered it kind of a scam, but maybe I should rethink that. I’m sure some companies are better than others.

  • http://www.facebook.com/sean.ahner.3 Sean Ahner

    What is the difference of CSA with the other flights? Why they always do things after the fact! Ask first do not assume!

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Correct type of ticket at twice the price, though? I don’t think many people would do that… My question is: How late was he? If he knew he was coming in late, why not call ahead and let them know? Wouldn’t they have been able to reschedule him on a later flight (with a fee), rather than no-showing and having to buy a whole new ticket?

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Correct type of ticket at twice the price, though? I don’t think many people would do that… My question is: How late was he? If he knew he was coming in late, why not call ahead and let them know? Wouldn’t they have been able to reschedule him on a later flight (with a fee), rather than no-showing and having to buy a whole new ticket?

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Hmmm. I just bought cheap tickets to Laos next month. Two separate tickets. Here’s to hoping nothing happens in between the flights!

  • Ed Boston

    why on earth would an airline want to do that? why charge just a fee when you can force them to pay for a whole new ticket. *sarcasm mode off*

  • TonyA_says

    Ha ha, couldn’t resist that near monopoly of Bangkok Airways :-)
    I guess your route is via BKK first?

  • TonyA_says

    Not really. The THROUGH fare of Air China for CTU-ULN will end up cheaper ($498.20) than separate tickets ($695). You just have to endure the wait in BJS airport.

    Separate tickets are not necessarily cheaper.

    1 CA4193Y 02JUL TU CTUPEK 1000P 1230A#1/O $ E
    2 CA 901K 03JUL WE PEKULN 835A 1050A/X $ E

    * Q/NON-END/PENALTY APPLS
    * PRICING RULES VALIDATING CARRIER DEFAULT CA
    ** 02JUL DEPARTURE DATE/ 02JUL IS LAST DATE TO TICKET
    1CNY/0.1605575USD

    TICKET BASE CNY EV USD TX/FEE USD TKT TTL USD
    ADT01 2500 401.00 97.20 498.20
    *TTL 2500 401.00 97.20 498.20

    *AS BOOKED
    LOWEST FARE ALREADY BOOKED IN THIS COMPARTMENT
    FBC ADT KHOWAA
    ADT CTU CA X/BJS CA ULN394.07NUC394.07END ROE6.34402CA
    TX 22.50CN 70.70YR 4.00YQ

  • Extramail

    Can he go to small claims court? We always here “pay more for an inclusive insurance policy” and they STILL find a way to deny? So what the bleep is insurance good for? And, Chris, didn’t the government just start a new agency that is supposed to protect consumers rights? As much as I think another government agency is an oxymoron, I’d investigate that route as well. Unbleepinglybelievable!

  • Extramail

    And, after all that explanation by TonyA, I haven’t a clue as to how to book a flight outside of this country. So, tony, what’s your contact information, in case I ever do need such trip planning? I’ll say it for you, TonyA: use a very good travel agent and pay the extra money for piece of mind!

  • TonyA_says

    Extramail,

    The best advise I can give you is to pick the airline you trust the most and book all the flights in one ticket. Why? Because if all the flights are in one ticket then:

    (1) the Booking System (a.k.a. GDS) can easily check them for the legal Minimum Connection Time for each connection.

    (2) all the different airlines involved in the ticket are legally obligated to accommodate you.

    Buying separate tickets can be dangerous because a delay in a prior flight can render you a NO-SHOW for the next succeeding flight(s). NO-SHOW passengers get (almost) no rights. You might get stuck in an airport you do not want to be and will be forced to buy an expensive walk-up (fare) ticket just to continue your journey and get the heck out of there.

    To me this article should really be about the perils of buying separate tickets or poor travel planning and not about Airlines or Travel Insurance companies trying to get out of their responsibilities claiming ATC delays. In my opinion, this whole ATC delay thing is a red herring.

    Disclosure: I am a Travel (agent)/Consultant. Because this field is very broad, you really become good in only one or a few specialized areas. Mine in specifically International Air Travel to Asia and Europe (because that is where I travel). Feel free to email me questions at tabreu1604 at gmail dot com. I do not charge for sharing information with fellow Elliott Blog participants. We are all friends and should reach out and help each other.

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Nope. Actually Saigon to Kuala Lumpur to Vientiane. I’m on AirAsia which has its own crappy terminal and only have carry on, so here’s hoping I make the 85 minute connection!

  • TonyA_says

    James, have you read this? http://www.airasia.com/ask/template.do?id=255

    What if a planned/ad hoc delay or cancellation of one flight segment causes me to miss my connection which I have booked as 2 separate point to point flights and does not come with the Flight Transfer service?

    This is not subject to our T&C as a point to point carrier,
    service recovery under this circumstance is entirely dependent on the discretion of the airline based on the cause of the disruption.

    Oh man, you’re stuck :-)

    Just kidding …

    I looked up the schedules:

    AK AIRASIA —

    DLY AK1451 SGNKUL-1035A 125P 320 0
    DLY AK1457 SGNKUL- 125P 415P 320 0
    DLY AK1453 SGNKUL- 410P 700P 320 0
    DLY AK1455 SGNKUL- 815P1105P 320 0

    DLY AK1412 KULVTE- 735A 910A 320 0

    Looks like no matter what. you will overnight in KL since the flights don’t “match”. Might as well eat some good food in KL.

  • bodega3

    There are questions left unanswered before you jump on the the small claims bandwagon. Why didn’t he call the insurance company before making the new ticket purchase? Did he insure botht tickets? What was his arrival time and what was his departure time on the next ticket at the time of the ticket purchase. Did he allow time for delays, recheckin, claiming baggage, rechecking of baggage?

  • Kathryn

    I don’t work for a travel insurance company, but I do work for an auto/home insurance company. And I can say that the problem is not the company, it’s often times the customers that don’t bother taking the time to read what they are purchasing. Many times I’ve had to force information on a customer buying a policy because they were in too much of a hurry to listen. But I bet if they need to file a claim then they’ll raise hell when they realize what coverage or lack there of that they have. Also, if the airline is going to stand by their answer of air traffic, then shouldn’t the airline have some accountability in that? Similarly if the car you buy proves faulty or unsafe in someway and you have a wreck, you can bet you insurance company is going to seek payment from the manufacturer. I don’t work for myself, I work for a company. I don’t gain anything for my opinion here, and I am a consumer myself. People need to take the time to read and understand what they have, and they need to push the issue with he real source of the problem. In the case the airline, but I don’t hear any mention of that here. It’s often too easy to just blame the big bad insurance company. That’s just too easy and a cop out. Something is wrong here, but I don’t agree it’s with the insurance company, in this scenario.

  • http://flyicarusfly.com/ Fly, Icarus, Fly

    Yeah, I overnight in KL, but will just sleep in the airport for 6 hrs or so (God, I hope I wake up in time… flying solo but meeting friends in Laos). The AirAsia hotel costs USD 62 for the tiniest room you’ve ever seen. You have to pay for a/c, towels, soap, etc. all separately! It’s coming back where I chose the tight connection – arriving 1330 and leaving 1455. But I only have carry-on and hopefully won’t have to clear immigration. There’s another flight at 1800 or so, so if I miss it, I’ll just pay to get on the next one. Fingers crossed!

    Oh, and AirAsia has their own low-cost terminal. Nothing good to eat there except for McDonald’s (which we don’t have in Vietnam), so that’s where I’ll be hanging out!

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