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bergsy
Member
Member since:
2012-02-03 | 2012-02-03 00:48:00
TERRIBLE EXPERIENCE WITH SUNSAIL’S “CARE PLAN” CANCELLATION INSURANCE
The insurance company that Sunsail recommends for charter cancellation insurance, which seems to be called Travel Guard, or maybe Mercury Claims and Assistance, or maybe National Union Fire Insurance Company of Pittsburgh PA, is performing terribly on a claim that their own representative (“Dan”) told me three months ago meets all the criteria for payment.
On 29 June 2011 I, with my wife and another friend, contracted for a charter to start on 13 January 2012. At that time our son, US Army First Lt. Bill Poling, was being treated with chemotherapy and radiation for squamous cell carcinoma, with his doctors telling us that they expected him to recover. Nevertheless, with this problem in mind, we took out the cancellation insurance. For several months our son’s condition and prognosis went up and down, and my wife became his primary care giver – he was mostly at his home in Tennessee; we live in Maryland; he needed constant attention as well as being driven to and from Vanderbilt University Hospital, about 45 minutes away, where he was being treated. Around the end of October it became clear that he was not going to get better, and that his need for constant care would continue while he continued to accept treatment in hopes of prolonging his life. (He was not eligible for hospice because he was still being treated.) So in early November we cancelled the charter and claimed reimbursement under the insurance – sending the 16 pages of documentation required by the company by registered mail on 10 November. This included the company’s form for information from the physician, which our son’s oncologist had completely filled out and sent to us.
Following the claim forms advice, I waited one month and phoned to ask the status of the claim. The person who spoke with me said that they were waiting for the doctor’s report. They gave us the identical form that they had already received, and the doctor filled it out once again and faxed it directly to them. After hearing nothing for several weeks, I again enquired and received a letter saying they were “…paying the fee required to obtain medical records…” After again hearing nothing for a few weeks, I phoned and today received the identical letter.
THERE ARE NO MORE MEDICAL RECORDS NEEDED. The company has had all the information since mid-November, almost three months now. Our son passed away on 28 December, and the insurance company has twice been given all the information they asked for. I don’t know what their game is, whether they are just delaying payment in order to live on our float, or harassing us in the hope that we will go away, or maybe softening us up so that we will accept some kind of partial reimbursement. Whatever their motive, they appear not to be acting in good faith. We regret the day that we relied on Sunsail, and on this so-called insurance company, whose performance has been completely unacceptable—incompetent at best; dishonest at worst.
Joel Bergsman
2 February 2012
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Kalypso |
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steveAustin
Member
Member since:
2012-03-04 | 2012-03-04 05:02:15
Hello Joel,
I'm so sorry to hear about your son, US Army First Lt. Bill Poling. I'm ex-Navy and always openly thank all men and women in uniform for their service.
Unbelievable situation! but in my experience sadly believable, the charter industry is completely unregulated, but both Sunsail and Travel Guard are U.S. based companies which gives you 'something' to work with.
Good job protecting yourself with travel insurance, however many Charter Sailors do not insure their trips citing extremely thin circumstances for claims payment. Unfortunately, when you combine an insurance 'claim' with your charter you're asking for the worst possible charter experience.
I may be able to help in some small way simply because of my familiarity with charter refund policies and travel insurance policies; I carefully reviewed the Travel Guard policy a few years ago and refreshed myself this evening. If nothing else, airing a discussion on the topic in this forum will help other Charter Sailors prepare for their trips.
Of course an *attorney* would be your best counsel at this point but If you would like to continue the discussion and zero in on some potential solutions here is what I (not an attorney or charter professional) would need to know:
1. PRE-EXISTING MEDICAL CONDITION EXCLUSION WAIVER. The Insurer will waive the pre-existing medical condition exclusion if the following conditions are met: 1) This plan is purchased with the Initial Trip Payment; 2) All Insured’s are medically able to travel when plan cost is paid.
QUESTION: Do you meet Travel Guard's exclusion waiver?
IF NOT, then this policy statement applies: PRE-EXISTING MEDICAL CONDITION EXCLUSION: The Insurer will not pay for any Loss or expense incurred as the result of a sickness of a family Member which, within the 60 day period immediately preceding the Insured’s coverage effective date: (a) first manifested itself, worsened or became acute or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment; (b) for which care or treatment was given or recommended by a Physician; (c) required taking prescription drugs or medicines, unless the condition for which the drugs or medicines are taken remains controlled without any change in the required prescription drugs or medicines.
I see from your timeline you were 16 days away from your charter departure date when you were forced to cancel. This means you were 100% pre-paid and the Sunsail Booking Terms and Conditions (http://www.sunsail.com/legals/booking-terms/yacht-charter-terms) state no refund will be offered. Have you contacted Sunsail to see if they will work with you? They might. It would seem that if "Dan" were aware of your son's condition he should have known about the pre-existing medical stipulation of the insurance policy and NOT made the recommendation for travel insurance. If there was prior knowledge, Sunsail and/or Dan may be culpable in your financial loss?
Another alternative, did you pay your deposit with a credit card? If so, you may consider opening a claim with the credit card company in parallel with the Travel Guard claim.
Again, I'm very sorry for your loss and if there's anything I can do to help bring the charter refund situation to a reasonable conclusion please let me know.
Stephen R. Austin
Founder - Yacht Charter Advisor.
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Charter Sailor, Submarine Sailor, Navy Diver, Software Engineer and Founder of Yacht Charter Advisor. |
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steveAustin
Member
Member since:
2012-03-04 | 2012-03-04 16:18:37
Hello Joel,
I'm so sorry to hear about your son, US Army First Lt. Bill Poling. I'm ex-Navy and always openly thank all men and women in uniform for their service.
Unbelievable situation! but in my experience sadly believable, the charter industry is completely unregulated, but both Sunsail and Travel Guard are U.S. based companies which gives you 'something' to work with.
Good job protecting yourself with travel insurance, however many Charter Sailors do not insure their trips citing extremely thin circumstances for claims payment. Unfortunately, when you combine an insurance 'claim' with your charter you're asking for the worst possible charter experience.
I may be able to help in some small way simply because of my familiarity with charter refund policies and travel insurance policies; I carefully reviewed the Travel Guard policy a few years ago and refreshed myself this evening. If nothing else, airing a discussion on the topic in this forum will help other Charter Sailors prepare for their trips.
Of course an *attorney* would be your best counsel at this point but If you would like to continue the discussion and zero in on some potential solutions here is what I (not an attorney or charter professional) would need to know:
1. PRE-EXISTING MEDICAL CONDITION EXCLUSION WAIVER. The Insurer will waive the pre-existing medical condition exclusion if the following conditions are met: 1) This plan is purchased with the Initial Trip Payment; 2) All Insured’s are medically able to travel when plan cost is paid.
QUESTION: Do you meet Travel Guard's exclusion waiver?
IF NOT, then this policy statement applies: PRE-EXISTING MEDICAL CONDITION EXCLUSION: The Insurer will not pay for any Loss or expense incurred as the result of a sickness of a family Member which, within the 60 day period immediately preceding the Insured’s coverage effective date: (a) first manifested itself, worsened or became acute or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment; (b) for which care or treatment was given or recommended by a Physician; (c) required taking prescription drugs or medicines, unless the condition for which the drugs or medicines are taken remains controlled without any change in the required prescription drugs or medicines.
I see from your timeline you were 16 days away from your charter departure date when you were forced to cancel. This means you were 100% pre-paid and the Sunsail Booking Terms and Conditions (http://www.sunsail.com/legals/booking-terms/yacht-charter-terms) state no refund will be offered. Have you contacted Sunsail to see if they will work with you? They might. It would seem that if "Dan" were aware of your son's condition he should have known about the pre-existing medical stipulation of the insurance policy and NOT made the recommendation for travel insurance. If there was prior knowledge, Sunsail and/or Dan may be culpable in your financial loss?
Another alternative, did you pay your deposit with a credit card? If so, you may consider opening a claim with the credit card company in parallel with the Travel Guard claim.
Again, I'm very sorry for your loss and if there's anything I can do to help bring the charter refund situation to a reasonable conclusion please let me know.
Stephen R. Austin
Founder - Yacht Charter Advisor.
-------------
Charter Sailor, Submarine Sailor, Navy Diver, Software Engineer and Founder of Yacht Charter Advisor. |
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steveAustin
Member
Member since:
2012-03-04 | 2012-03-04 18:11:52
Hello Joel,
I'm so sorry to hear about your son, US Army First Lt. Bill Poling. I'm ex-Navy and always openly thank all men and women in uniform for their service.
Unbelievable situation! but in my experience sadly believable, the charter industry is completely unregulated, but both Sunsail and Travel Guard are U.S. based companies which gives you 'something' to work with.
Good job protecting yourself with travel insurance, however many Charter Sailors do not insure their trips citing extremely thin circumstances for claims payment. Unfortunately, when you combine an insurance 'claim' with your charter you're asking for the worst possible charter experience.
I may be able to help in some small way simply because of my familiarity with charter refund policies and travel insurance policies; I carefully reviewed the Travel Guard policy a few years ago and refreshed myself this evening. If nothing else, airing a discussion on the topic in this forum will help other Charter Sailors prepare for their trips.
Of course an *attorney* would be your best counsel at this point but If you would like to continue the discussion and zero in on some potential solutions here is what I (not an attorney or charter professional) would need to know:
1. PRE-EXISTING MEDICAL CONDITION EXCLUSION WAIVER. The Insurer will waive the pre-existing medical condition exclusion if the following conditions are met: 1) This plan is purchased with the Initial Trip Payment; 2) All Insured’s are medically able to travel when plan cost is paid.
QUESTION: Do you meet Travel Guard's exclusion waiver?
IF NOT, then this policy statement applies: PRE-EXISTING MEDICAL CONDITION EXCLUSION: The Insurer will not pay for any Loss or expense incurred as the result of a sickness of a family Member which, within the 60 day period immediately preceding the Insured’s coverage effective date: (a) first manifested itself, worsened or became acute or had symptoms which would have prompted a reasonable person to seek diagnosis, care or treatment; (b) for which care or treatment was given or recommended by a Physician; (c) required taking prescription drugs or medicines, unless the condition for which the drugs or medicines are taken remains controlled without any change in the required prescription drugs or medicines.
I see from your timeline you were 16 days away from your charter departure date when you were forced to cancel. This means you were 100% pre-paid and the Sunsail Booking Terms and Conditions (http://www.sunsail.com/legals/booking-terms/yacht-charter-terms) state no refund will be offered. Have you contacted Sunsail to see if they will work with you? They might. It would seem that if "Dan" were aware of your son's condition he should have known about the pre-existing medical stipulation of the insurance policy and NOT made the recommendation for travel insurance. If there was prior knowledge, Sunsail and/or Dan may be culpable in your financial loss?
Another alternative, did you pay your deposit with a credit card? If so, you may consider opening a claim with the credit card company in parallel with the Travel Guard claim.
Again, I'm very sorry for your loss and if there's anything I can do to help bring the charter refund situation to a reasonable conclusion please let me know.
Stephen R. Austin
Founder - Yacht Charter Advisor.
-------------
Charter Sailor, Submarine Sailor, Navy Diver, Software Engineer and Founder of Yacht Charter Advisor. |
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