Canadian families launch class-action against Old Republic

As the pandemic forced many schools and families to cancel trips abroad, Canadians were forced to look to their insurance companies for refunds and compensation. Insurance companies like Old Republic, however, have stalled in refunding families leading to a class-action lawsuit.

Disability lawyer Sivan Tumarkin from Samfiru Tumarkin LLP joined CBC News to discuss the status of the suit, and what led to the decision to take legal action.

Tumarkin states it is important to remember that the trip companies are not responsible in this situation, but that insurance companies are the ones on the hook.

“I have never seen this, in all my years of practice, where you have giant corporations pointing the finger at each other,” Tumarkin says. Tumarkin goes on to explain Old Republic, as well as Arch Insurance, yet another insurance company that has failed to reimburse families, have not disputed that the families are owed money.

“My philosophy and certainly the philosophy of my firm is we don’t sit. We don’t talk.… My experience with insurance companies, there is no negotiation with them. They either do what is right, or they have to be forced to do what is right.”

While Samfiru Tumarkin LLP is not the sole firm launching a suit against Old Republic and Arch Insurance, Tumarkin states ultimately this is not of vital importance. “To me, the bad guys here are the insurance companies. It’s not the families. I understand why they may feel upset but forget about who’s going to help you. Let’s just get these insurance companies to pay,” Tumarkin says.