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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  • bodega3

    CSA provides a phone number to call when you are out of the country. Did the OP call BEFORE purchasing his new flight for assistance?

  • TonyA_says

    Chris Elliott, the article said the OP:
    (1) had to stay overnight in Beijing

    (2) had to buy a new ticket
    The insurance did not pay for his new ticket. But did it pay for his board and lodging for the night?

  • http://twitter.com/johntbaker John Baker

    @TonyA_says:disqus I’ve read this article multiple times and I never see where its stated what the root cause of the delays were. It could have been ATC holds due to weather.

  • http://elliott.org Christopher Elliott

    Something tells me this isn’t a problem that’s unique to CSA, although, to be fair to the other insurance companies, I’ve never had a complaint exactly like this one.

  • SoBeSparky

    As a frequent visitor to China, I know air traffic control is an operation of the Chinese military. It is not a civilian agency. When it declares a flight will not fly, it will not fly. No one ever questions the wisdom of the Chinese military. You never get any clear answer as to why there is an air traffic control delay or cancellation. It just “is.”

    Air traffic control is the most frequent reason for delays and cancellations in China. It is a way of life, daily.

    This reaffirms my long-held belief that flight insurance is a fraud. It is Swiss cheese, a lengthy contract understandable to its fullest extent by only a very few who review claims. Even Chris was not aware of this exclusion, after years of work on this subject.

    If you are lucky enough to win Powerball, then buy flight insurance. You might be lucky enough to collect. If you are not that lucky, then you most probably will not be that lucky with travel insurance either.

  • TonyA_says

    Take a deep breath everyone… Note he was noted as a NOSHOW by MIAT Mongolian Airlines (OM). That alone is a dead giveaway of the problem.

    If the Air China (CA) and Mongolian Air flights were on the same ticket, then the flight CTU-PEK-ULN will have a valid connection in Beijing. For as long as he is on the CTU-PEK flight, Mongolian Air will not NOSHOW him since its records will show he is on his way from Chengdu (just delayed).

    If he bought separate tickets, then definitely Mongolian Air will no show him.

    He took the risk of getting NOSHOWed in Beijing.

    So now the question is – can you buy travel insurance to cover that risk?
    Will travel insurance consider flights on separate tickets as a connecting flight?
    And if so, what can you even claim (i.e. can you just buy a new ticket)?

    Before we argue about ATC or INCLEMENT WEATHER, let us first determine whether this is a valid connection that is covered under MISSED CONNECTION BENEFITS. If not then all bets are off. Because with a simple TRAVEL DELAY all you get is a ham sandwich and, if it is longer, a night in a fleabag motel regardless the cause.

  • SoBeSparky

    Not so in China. All air space is reserved for the military, except for what it decides to give to civilian air traffic. There is absolutely no customer-satisfaction orientation. The true customer is the air force. All others are subservient.

  • jerryatric

    This seems pretty blatant to me! They could have settled, but chose to ignore the claim entirely. Since they are named – BOYCOT them. Only then can any hope for change be possible.
    I know companies are in it for profit, but some have gone overboard.
    You hear horror stories every day in every area of travel.

  • TonyA_says

    John maybe it’s me. Maybe I do not get the issues.
    What I am saying is regardless the reason for the ATC delay, the insurance company will ONLY help him catch up with a missed tour or cruise. They will NOT help you make it on time to your destination for other reasons.

  • Jeanne_in_NE

    Thank you. I was getting pretty confused as to why the “Missed Connection” portion of his travel insurance didn’t apply (making the rather wild assumption that his particular policy covered Missed Connections).

    Waiting to see if you can find a way to insure the risk you outlined; that of missing a connection when the tickets are not connected.

  • bodega3

    Thank you Tony as I had also figured out he was two separate PNR’s. Makes you wonder how much time he allowed for his connection. I wonder if he called CSA before making the two purchases to ask some important questions?

  • bodega3

    I wouldn’t jump the gun just yet. There are a few details that aren’t on the OP’s side.

  • http://elliott.org Christopher Elliott

    I’ve reviewed the correspondence. It appears CSA didn’t cover any of his incidental expenses as a result of this delay. He does not indicate whether the reservations were connected, although I think it’s fair to assume they were not, otherwise Mongolian Air wouldn’t have considered him a no-show.

  • bodega3

    So with this new information to you, would you now change how you worked your poll?

  • dennis

    Sue them in small claims for a bad faith denial of coverage.

  • EirBryn

    Making a note to myself now – NEVER buy CSA insurance. Tell everyone I know not to buy CSA insurance. Denying this claim is such hogwash!

  • bodega3

    I think you need to read Tony’s entry. There could be more to this and to jump on an insurance company because the OP didn’t read his policy or call the insurance company is unfair.

  • bodega3

    So how does CSA differ from the others based on what you read here?

  • http://twitter.com/johntbaker John Baker

    @TonyA_says:disqus If they denied the claim for any reason other than “ATC,” I’m right there with you. Personally, I wouldn’t see why insurance would cover back to back ticketing like this appears to be.

  • Bill___A

    Wait a second…the airline considered him a “no show”. If he had a connecting flight ticketed through, then they would not likely have done that. If he bought separate tickets and didn’t have it as one itinerary, then he would be a “no show”. Not enough information here.

  • Joe_D_Messina

    At the very least this article makes it clear CSA wouldn’t be likely to budge on their policies while she might have better luck with somebody else even if their policies were identical.

  • http://www.facebook.com/steven.meitz Steven Meitz

    They make it up. I was on a flight recently that was ready for pushback but we just sat at the gate. After a half hour or so the pilot came on and said there was an ATC delay and we’d be moving soon. A short time later a ramp crewmember came on board with some paperwork for the cockpit. My suspicion was the cockpit crew was waiting for a sign-off on a mechanical malfunction. That was confirmed when I called my friends at Flow Control who indicated there were no Air Traffic delays from my departure airport.

  • pauletteb

    Chris must have 45 employees of/apologists for travel insurance companies following his blogs. Who else would have voted No on this one?

  • TonyA_says

    I do not understand your point. Chinese Airlines are owned by the government anyway. So what?

  • flutiefan

    i will 100% guarantee you that i ONLY say it’s an ATC delay when my screen tells me it is. i NEVER make that up, even when i work at the most heavily delayed airport in the country.

    please don’t think that gate agents are just coming up with these things out of thin air. that gives us a bad rap. i am just the messenger… i pass along what i have been told is the reason for delay.

  • sheriberi

    who are the idiot 4%? employees of CSA? REALLY people, come on?

  • SoBeSparky

    Your thesis is that this is because of growth of aviation. Only one low-cost carrier allowed in China, Spring Airlines. So that is not a factor. Hence, “Not so in China,” comment.

    China military controls airspace principally for its benefit and for national security, not for the benefit of scheduled airlines. Yes, everything might be in some way connected to the government, except for Hainan Airlines which is not owned by the govt. But that does not mean that the government is a coordinated and effective entity.

    So my point was pretty clear. Air traffic is controlled by the military which uses the space itself. It also reserves the routes around “sensitive national security” areas. The bottom line, scheduled airlines and air traffic lane capacity are not the priority they are in the US and most of the world. 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.

    “Air traffic control” may have been a legitimate reason for the cancellation, or it may have been the proverbial excuse for a cancellation due to lack of passengers. Further, buying airplane tickets in China is not anything like the USA. Connecting flights still are not generally observed. Instead, you buy two tickets, must pick up your bags at the claim and then carry them over to the next airline’s counter to check in for the next flights.

    “Connecting times” usually are 90-120 minutes minimum. Of course, there are some same-airline direct or through flights for which that procedure is not necessary. But changing airlines in China? Forget it, unless transferring to an international code-share or alliance partner with already ascertained automatic baggage transfer. Otherwise, they are two separate tickets.

    You could buy a ticket in the USA on the same ticket stock, but that means little as to coordination between airlines other than the exceptions noted above.

    A lot of assumptions are made on this site when speaking of foreign operations based on American ethnocentric mindsets.

  • TonyA_says

    Read my original post, I said Asia. There are a lot of flights TO/FROM China from other parts of the World especially Asia. So even if China itself does not have many LCCs (yet), others have and (combined with the big guys) their using the same airspace to fly into and out of China. Military use is irrelevant.
    Read CAPA or airlineroute once in a while and see the explosive growth in Asia.

    Chengdu to Beijing is the 22nd busiest route in the World beating JFK-LAX which is only #27.

    Read the chart (in the link) as of 2011:

    Domestic top routes by nation

    China – 7, 15, 22, 23, 28, 31, 39, 42

    Japan – 1, 3, 6, 9, 37

    Indonesia – 12, 19, 21, 43, 49

    Australia – 4, 13, 36

    USA – 18, 27, 35

    Source: http://centreforaviation.com/analysis/the-worlds-top-ten-routes-are-in-asia-58178

    FYI, I am about to fly the #1 busiest route in a 3 weeks from now. Maybe I will buy CSA insurance. Ha ha ha

    Oh, I also do not have an American ethnocentric mindset :-)

  • http://www.facebook.com/linda.bator Linda Bator

    I think he may have gotten farther calling CSA as soon as he was delayed, rather than waiting till he got home. They may have had a covered reason at that time, and the company could have handled the re-route.

  • http://www.facebook.com/linda.bator Linda Bator

    If they specifically state it is NOT covered, he unfortunaetley has no recourse.

  • http://www.facebook.com/linda.bator Linda Bator

    Not a fraud, just more specific in what they may or may not cover — sometimes you get what you pay for.

  • http://www.facebook.com/linda.bator Linda Bator

    which is why he SHOULD have called CSA when first delayed, rather than purchasing new tickets and dealing with it when he got home. For all we know, this WAS a covered reason originally, and they could change his flights with a minimum of fuss. ALWAYS tell my folks – CALL FIRST!!!!

  • http://www.facebook.com/linda.bator Linda Bator

    great point! why is it they always do things AFTER the fact, and bemoan the fact they would not have been allowed to do it? Ask first – don’t assume (you all know what THAT means!) :)

  • http://www.facebook.com/linda.bator Linda Bator

    No, its not. But just like buying an HMO with specific doctors, you cannot be covered if you go outside the COVERAGE of the policy. I’ve had clients buying insurance for over 20 years, and believe me, we’ve had MANY claims – and as long as they were legit and fully documented, they all got refunds.

  • http://www.facebook.com/linda.bator Linda Bator

    But I think he booked something NOT covered by the policy, didn’t bother to assure it was, made the arrangements when presented with the problem OUTSIDE the insurance company, and then just assumed they’d cover him – NEVER assume – call them 1st!

  • http://www.facebook.com/linda.bator Linda Bator

    My point exactly – the problem with a lot of these cases is people do what is easier for them (so they think), rather than calling the insurance provider to take care of the problem, or explain what the next step is.

  • SoBeSparky

    You said, “Same problem with other SE Asian airports.” The word “same” speaks for itself.

    Slots into and out of China are highly regulated. Convenient times are sometimes parceled out after waiting years.

    How could military and national security use of air space be irrelevant when air traffic lanes are inadequate in size? There is a clear cause and effect, given that most Chinese airports are new with newly added runways. Pudong, for example, has three 3,400-4,000 meter runways with two more to be added in the next three years, in addition to the two 3,000-meter-plus runways over at Hongqiao.

    Funny thing about China is that runways and airports are built in a matter of months, not years. NIMBY does not exist when the government makes a decision. Then it just is a matter of compensation.

    China is square mile for square mile as large as the USA. It is not high total-seat routes which clog the inadequate air traffic lanes, but the total traffic of aircraft. Each plane takes up space with larger ones taking a bit more. Number of seats is largely irrelevant.

    I was not referring to you personally as ethnocentric. Sorry if you took it that way. I was commenting on all those decrying separate tickets as the reason for the no-show status. Without traveling to China and experiencing the so-called system over many dozens of flights, it is hard to see how they claim their speculation is correct, other than by projecting their own experiences. In China separate tickets are the rule, not the exception, and on-line ticket agents (not the airlines themselves) sell them that way.

  • TonyA_says

    Oh, more details that don’t fit… What else is missing in the story?

    For a route like Chengdu -> Beijing -> Ulan Bator on the same ticket, the airline flying the international segment gets to validate the ticket. So if he flew CTU-BJS on Air China (CA) and then BJS-ULN on Mongolian Air (OM), on the same ticket, then the ticket MUST be issued by MIAT Mongolian Airlines. Those are the rules of the game (no ifs or buts).

    That said, Mongolian Airlines does NOT have a THROUGH fare for Chengdu to Ulan Bator. If you want to buy a ticket from them for this route, they can sell you one based on a Air China (Y or B) fare from CTU to BJS combined with their own fare for BJS to ULN. That fare combination will be much more expensive compare to buying a separate Air China (domestic) ticket from Chengdu to Beijing and another Mongolian Air (international) ticket from Beijing to Ulan Bator.

    But why would anyone go to this trouble in the first place? The answer lies on the seasonal flight schedules from Beijing to Ulan Bator.

    For the WINTER schedule, Air China flies PEK-ULN dep 1155A arv 230P.
    But for the SUMMER schedule, Air China flies PEK-ULN dep 835A arv 1050A.

    If the passenger is starting his journey from Chengdu, the earliest CTU-BJS flight is dep 800A arv 1030A. That is no good since the BJS-ULN flights departs at 835AM. So for the summer schedule of Air China, he needs to fly out from Chengdu late at night and stay overnight in Beijing to catch flight to Ulan Bator.

    So maybe that is the reason he took a different option – one of Mongolian Air.

    Here was his (summer) options for OM:

    CA4105 CTUPEK- 400P 620P
    OM 224 PEKULN- 830P 1055P 6h.55m

    CA4109 CTUPEK- 300P 530P
    OM 224 PEKULN- 910P1135P 8h.35m

    CA1416 CTUPEK- 210P 440P
    OM 224 PEKULN- 910P1135P 9h.25m

    How much you want to bet he picked the first one – the shortest flight duration?
    Maybe, that’s why he missed the Beijing-Ulan Bator flight. The MCT (min connection time) at BJS Terminal 3 is already 2 hours and that assumes your flights are interlined (on same ticket). On a separate ticket, you need to claim your bags from CA, run to OM counter and check in again. No way you can do that in 2 hours even if the airplane is on time.

    Ahh, and then the money issue …

    I priced both one-way options for a 02JUN 2013.

    Here’s the price of the flights together in ONE ticket. $1146 (ouch)

    1 CA4105Y 02JUL TU CTUPEK SS1 400P 620P/O $ E
    2 OM 224B 02JUL TU PEKULN SS1 910P 1135P/X $ E

    * ADDNL PNLTYS CK FARE RULE
    * PRICING RULES VALIDATING CARRIER DEFAULT OM
    ** 02JUL DEPARTURE DATE/ 02JUL IS LAST DATE TO TICKET
    1CNY/0.1605575USD

    TICKET BASE CNY EV USD TX/FEE USD TKT TTL USD
    ADT01 6620 1063.00 83.00 1146.00
    *TTL 6620 1063.00 83.00 1146.00

    *AS BOOKED
    LOWEST FARE ALREADY BOOKED IN THIS COMPARTMENT
    FBC ADT YCN*BOX6M
    ADT CTU CA BJS680.95OM ULN362.54NUC1043.49END ROE6.34402OM
    TX 22.50CN 55.50YR 5.00YQ

    Here’s the price for separate tickets (added up is $695)

    1 CA4105Y 02JUL TU CTUPEK SS1 400P 620P/O $ E

    * ENDORSABLE PERMITTED/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 1440 231.00 30.50 261.50
    *TTL 1440 231.00 30.50 261.50

    *AS BOOKED
    LOWEST FARE ALREADY BOOKED IN THIS COMPARTMENT
    FBC ADT Y
    ADT CTU CA BJS1440CNY1440END CA
    TX 8.00CN 22.50YR

    ————————-

    1 OM 224B 02JUL TU PEKULN SS1 910P 1135P/O $ E

    * NON ENDORSABLE/VALID ON OM ONLY
    * PRICING RULES VALIDATING CARRIER DEFAULT OM
    ** 02JUL DEPARTURE DATE/ 02JUL IS LAST DATE TO TICKET
    1CNY/0.1605575USD

    TICKET BASE CNY EV USD TX/FEE USD TKT TTL USD
    ADT01 2300 369.00 65.00 434.00
    *TTL 2300 369.00 65.00 434.00

    *AS BOOKED
    LOWEST FARE ALREADY BOOKED IN THIS COMPARTMENT
    FBC ADT BOX6M
    ADT BJS OM ULN362.54NUC362.54END ROE6.34402OM
    TX 14.50CN 5.50YQ 45.00YR

    The total price for separate tickets is almost half of the single (combined flight) ticket. No wonder he probably bought 2 separate tickets and insured his trip. He knew from the get go they were iffy and cheap insurance would have “protected” him if things went wrong – WRONG !!!

    Travel Insurance will not guarantee the unforeseen cost of missing 2 or more unrelated flights. By buying separate tickets, you are intending to STOP at your destination for each ticket. As far as they are concerned you made it to EACH destination.

    From CSA’s perspective, if CTU to BJS is late and the airline did not feed you, then you might be able to claim the cost of a sandwich or streamed bun in China.

    The Chinese have a saying (or curse) – “May you live in interesting times”.
    You can say that about travel insurance :-)

  • TonyA_says

    I fail to see how this has anything to do with travel insurance not paying up in this case. INCLEMENT weather in Asia or America is still INCLEMENT weather whether the military controls the airspace.

    All I am trying to say is be aware that a lot of flights in ASIA are late because the airspace is congested in many cities.

  • Jeanne_in_NE

    Great breakdown. I have a much better appreciation of the problem, along with @SoBeSparky:disqus ‘s contributions.

    So . . . how do you insure this kind of situation? Or don’t you, and simply put the savings ($1136 – $695 = $441 in your example) aside to be available if things go wrong?

  • TonyA_says

    SoBeSparky

    Can you please explain your comment:

    In China separate tickets are the rule, not the exception, and on-line ticket agents (not the airlines themselves) sell them that way.

    Do you think the OP bought his ticket in CHINA or in the USA?
    How can he buy CSA insurance if he did not buy it in the USA?

  • http://www.facebook.com/linda.bator Linda Bator

    This refers to a cruise or tour – where in the above do we see that’s what he was doing?

  • TonyA_says

    nowhere. all we know is he is flying CTU-BJS-ULN.
    for all I know he is herding goats in the mountain.

  • Charlie

    If CSA is not going to cover him for ATC delays, what good would it do him to call them? He gets to sleep in the airport and then walks to Mongolia?

  • TonyA_says

    You buy the correct type of ticket and let the airline take care of you.
    That is my [Asian] philosophy.

  • TonyA_says

    Linda, what the OP wants to claim is NOT COVERED in the (typical CSA) policy. This whole ATC thing is not relevant to his case. I wonder why it was even discussed.

  • http://www.facebook.com/linda.bator Linda Bator

    Couldn’t really vote on this one — do we know more details here????

  • http://www.facebook.com/linda.bator Linda Bator

    True – but if he had contacted them immediately, he might have had a bit more recourse, or would have at least known what his options were. ALWAYS call 1st!

  • http://www.facebook.com/linda.bator Linda Bator

    HAHA – this is one of those cases we NEED more infor before we can even CONSIDER an answer. :)

  • TonyA_says

    My guess (only a guess) is that when he was told he was a NOSHOW he already knew it WAS HIS FAULT he bought separate tickets.
    By the way, I wonder if he bought coverage for his WHOLE TRIP. When you buy separate tickets (online I suppose), travel insurance will be sold for EACH flight separately. So maybe the insurance company is not even aware of the complete trip. Just speculating wildly :-)
    But definitely make that collect call from China…