The Million Dollar Baby Case: Denied Travel Insurance Claim Sparked a National Outcry

She had travel insurance. She had medical clearance to fly. But when her baby arrived prematurely in Hawaii, a Saskatchewan mother was hit with a bill close to $1 million — and her insurance provider refused to pay.

Samfiru Tumarkin LLP, Canada’s leading law firm for denied insurance claims and long-term disability disputes, stepped in to help.

Our involvement in the high-profile case — which became known as the “Million Dollar Baby” — drew national media coverage, triggered regulatory scrutiny, and revealed just how fragile travel insurance coverage can be for Canadians.

What Happened?

In October 2013, Jennifer Huculak-Kimmel and her husband took a vacation to Hawaii. Jennifer was 26 weeks pregnant. She had received clearance from her doctor to travel, and purchased a travel insurance policy from Blue Cross.

Two days into the trip, her water broke. She was hospitalized for six weeks before giving birth. Her baby, Reece, required intensive care.

By the time the family returned home to Saskatchewan, they were facing a $950,000 (USD) medical bill. Despite having insurance, Blue Cross denied the claim, citing a bladder infection two months prior as a pre-existing condition.

Why the Claim Was Denied

Blue Cross claimed that Jennifer’s bladder infection — despite being treated, resolved, and unrelated to the birth — disqualified her from coverage due to pre-existing condition clauses in the policy.

However:

• Jennifer was not classified as high-risk
• She was cleared by her doctor to travel
• She was never asked about any pre-existing conditions when purchasing the policy

The Legal Response

Toronto insurance lawyer Sivan Tumarkin, co-founding partner at Samfiru Tumarkin LLP, offered to take on the case pro bono.

Tumarkin argued that insurers have a duty to:

• Clearly define what constitutes a pre-existing condition
• Ask the right questions before issuing coverage
• Make policy language understandable to the average person

The Bigger Issue: Travel Insurance Confusion

The case drew national and international media attention, prompting regulators to take notice. The Canadian Council of Insurance Regulators (CCIR) launched an investigation into:

• Why so many travel insurance claims were being denied
• Whether consumers truly understood their policies
• Whether policy language and exclusions were too vague or inconsistent

The Outcome and Public Reaction

The case sparked a public outcry, raised crowdfunding donations, and educated countless Canadians about the limitations of travel insurance — especially for pregnant travellers.

While Blue Cross maintained its decision, the pressure from media, the legal challenge, and regulators pushed the industry to re-examine its practices.

This case remains a cautionary tale — and a reminder that even when you think you’re covered, your insurer may tell you otherwise.

Tumarkin was featured in additional reporting:

📰 CBC News – November 20, 2014
📰 Global News – November 21, 2014
📰 Corus Radio – November 22, 2014
📰 National Post- November 22, 2014

Denied Insurance? We Can Help

If your short term disability, long-term disability, or life insurance claim has been denied, you don’t have to accept the insurer’s decision.

Samfiru Tumarkin LLP has helped thousands of Canadians successfully challenge wrongful insurance denials.

Our team undertands how insurers operate — and we’ll work to ensure you get what you’re entitled to.

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