Samfiru Tumarkin LLP launches second class action over COVID-19 school trip refunds

TORONTO, October 21, 2020 /CNW/ – A national class action lawsuit has been launched by Samfiru Tumarkin LLP against Old Republic Insurance Company of Canada on behalf of thousands of families across the country over its decision to continue to refuse reimbursement following school trip cancellations at the outset of the COVID-19 pandemic.

Schools and school boards across Canada have been forced to cancel their planned trips, arranged through tour company Explorica Canada, due to the pandemic and related government travel advisories. The lawsuit alleges that families’ trip cancellation claims for reimbursement of expenses have been neglected and ignored by Old Republic.

Toronto high school teacher Mark Chmielowiec organized a school trip for 16 students, including his daughter, Erica, to Italy and Greece, to commence on March 11, 2020. The trip was cancelled by the Toronto Catholic District School Board due to the risk presented by COVID-19 in the regions they planned to visit. A trip cancellation claim was submitted by Explorica to the Chmielowiecs’ insurer, Old Republic. The insurance company provided no offer of reimbursement, alleging that Explorica, the trip provider, failed to provide sufficient documentation. Explorica, in turn, alleged that all requisite information had been provided to Old Republic.

“These companies are playing the blame game, at the expense of countless families who have been waiting months for the reimbursement that they are entitled to under their insurance policies with Old Republic,” says Sivan Tumarkin, insurance lawyer and co-founding partner at Samfiru Tumarkin LLP.

“Rather than immediately honouring their trip cancellation policy, Old Republic has chosen instead to disregard the rights of parents and students who are owed compensation through their legitimate travel insurance claims.”

Families who booked a school trip that was cancelled due to COVID-19, and have been refused reimbursement by their insurance provider, can contact Samfiru Tumarkin LLP at SchoolTripClassAction.ca.

This is Samfiru Tumarkin LLP’s second class action lawsuit against an insurance company related to school trips booked through Explorica. The law firm filed a claim against Arch Insurance on October 14, 2020.

In September 2020, Samfiru Tumarkin LLP filed a class action lawsuit against TD Home and Auto Insurance, alleging that the company incorrectly denied thousands of claims for reimbursement due to the existence of credits or vouchers.

Canadians who have been denied their travel insurance claims by their insurance policy provider should contact Samfiru Tumarkin LLP to find out what their rights are.

Learn more about the class action lawsuit against Old Republic.