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Arch Insurance class action lawsuit seeks compensation for school trips cancelled due to COVID-19

NEWS PROVIDED BY

Samfiru Tumarkin LLP 

Oct 15, 2020, 06:55 ET

TORONTOOct. 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 travel insurance,” 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.

Samfiru Tumarkin LLP’s website contains more information about the class action lawsuit against Arch Insurance.

Samfiru Tumarkin LLP is one of Canada’s leading law firms specializing in insurance, employment and disability law in Ontario and British Columbia. The firm has been involved in numerous prominent cases in recent years, including the “Million Dollar Baby” case, the class action lawsuit against UberFuture Shop layoffsMitch MurphyJulie Austin, and Sandra Bullock.

Related Links
https://stlawyers.ca/

SOURCE Samfiru Tumarkin LLP

For further information: Sivan Tumarkin, Partner, Samfiru Tumarkin LLP, sivan.tumarkin@stlawyers.ca; Daniel Stone, Samfiru Tumarkin LLP, daniel.stone@stlawyers.ca, 416-216-1620

Related Links

https://stlawyers.ca/

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Canada: Insurance – New Business Tool Kit

13 October 2020

Business insurance, like many types of expenditures, is one of those items which business owners typically do not like to pay. You must remember that sufficient insurance can be as critical to the success of your business as a good product or service. Without proper insurance you could lose all the money, time, and effort you put into your company. The types and amounts of coverage you purchase must be evaluated on a cost-benefit basis like any other commodity that you purchase.

Your insurance agent can help you review the amount of coverage you may wish to purchase for various purposes. Usually, you will want to insure against risks that could have significant detrimental impact on your business. This normally would include such items as fire, storm damage, theft, general, and product liability. Depending on the nature and size of your business, it is often a good idea to self-insure for all or a portion of certain losses. Self-insurance can be accomplished by not buying coverage for incidental risks or increasing the deductions on policies that you do buy. Often, raising the deductible can have a very favorable impact on policy premiums. The administrative cost to the insurance company to process small claims is quite high. The rates typically go down substantially if they are relieved of this expense by insuring for losses in excess of a sizable deductible amount. An insurance broker can provide you with comparative costs for various types of coverage with varying degrees of deductible amounts.

Required Policies

Very little insurance coverage is mandatory. For most industries, workers’ compensation coverage is required by law. It covers injuries to employees while on the job. Premiums for this coverage are payable as a specific assessment against your business payroll, based upon industry-wide claim experience.

You must also be aware that the terms of your building, office lease, or mortgage may require you to carry certain kinds of insurance coverage in specified minimum amounts. If you have leased equipment or have borrowed money from a bank or other lenders, there will usually be insurance requirements in the agreements relating to these transactions. There are many other types of policies that you may wish to consider. The specific coverage provided by each and their related costs can be explained in depth by a qualified insurance broker.

Some types of Insurance coverage you may consider for your business are:

Business Interruption

This coverage, as the name implies, covers the loss of revenues your business would have generated if it were forced to shut down for reasons beyond your control. While this is obviously valuable insurance, the policy premium must be carefully considered relative to the potential profits your business might lose during a short shutdown of operations.

Employee Fidelity Bond

This type of insurance typically covers the risk of loss from theft by employees. If your business deals in large amounts of cash, negotiable securities, or similar types of assets, you may be well advised to consider this coverage. Certain industries are required to carry this insurance by regulatory authorities.

Umbrella Coverage

This type of insurance covers losses above and beyond the limits of other policies that you carry. Umbrella policies usually pertain to liability of various sorts, and are usually valuable if your business, or you, have a higher net worth, which requires protection in the event of a catastrophic loss.

Accounts Receivable Coverage

Also referred to as credit coverage, reduces the risk of doing business, because it covers you against customer bankruptcy, refusal of delivery, or other non-payment.

Insurance is like any other product you purchase. Before purchasing it you should consult with more than one broker. You should discuss insurance needs with acquaintances in the same or related business as yours.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: Mondaq News

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