Arch Insurance class action launched over cancelled school trips and COVID-19

TORONTO, October 15, 2020 /CNW/ – A national class action lawsuit has been launched by Samfiru Tumarkin LLP against Arch Insurance Canada Ltd. on behalf of families across Canada over its refusal to provide refunds following school trip cancellations due to the COVID-19 pandemic.

Schools and school boards across the country have been forced to cancel their planned trips for students, booked 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 by Arch and Explorica.

Guelph student Carter Adnams’ school trip to Costa Rica, originally scheduled for March of 2020, was cancelled because of the risk posed by the spread of COVID-19. A trip cancellation claim was submitted by Explorica to Adnams’ insurer, Arch, in April. Arch provided no offer of reimbursement, alleging that Explorica, the trip provider, failed to provide appropriate documentation. Explorica, in turn, alleged that all requisite information had been provided to Arch.

“Arch and Explorica are pointing the finger of blame at each other, leaving countless families in financial limbo,” says Sivan Tumarkin, insurance lawyer and co-founding partner at Samfiru Tumarkin LLP. “The fact is that Arch and other travel insurance providers must honour their contractual obligations under the travel policies they issued, and pay these legitimate travel insurance claims immediately.”

“By continuing to withhold payment owed to the Adnams family and others impacted by the cancellation of school trips, Arch has failed to deliver the peace of mind that their customers rely on when paying for their services,” says Tumarkin.

Many Canadians have experienced similar issues with travel insurers who have misinterpreted and misapplied travel insurance policies during the pandemic.

In September, Samfiru Tumarkin LLP filed a class action lawsuit against TD (TD Bank and TD Home and Auto Insurance Company), 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.

Families who booked a school trip through Explorica that was cancelled due to COVID-19, and have been refused a refund by their insurance provider, can contact Samfiru Tumarkin LLP to find out how to pursue reimbursement.

Read the claim.

A second class action has been launched against Old Republic, another insurance company that provide policies for trips booked through Explorica.