Legal Question in Personal Injury in California

I booked a trip to Brazil and Argentina. Purchased travel insurance with the travel agent. Fell off a horse and broke my back in Argentina. When I called the 800 insurance number, I was told there was no record of insurance for me and that there was nothing they could do to help my return trip be more comfortable.

When I returned to California and contacted the insurance company, they again said there was no record, but one I indicated I had an invoice for the travel insurance, they sent me a claim form asking for documentation of costs.

Since I had to return home with no insurance, I did not utilize the "Emergency Medical Transport" service, which they indicated can be up to $100,000.

Do I have a case where I can sue for undue pain and suffering?


Asked on 7/25/12, 5:16 pm

4 Answers from Attorneys

Indeed. Seems you can sue for insurance bad faith too. Feel free to contact me or an attorney of your choice.

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Answered on 7/25/12, 5:33 pm
Terry A. Nelson Nelson & Lawless

IF you can prove you ordered a policy, you might be able to sue the agent for failure to obtain it.

IF you can prove the insurance company got your money and had notice of the policy application, add them.

The value of your case is the amount the insurance would have paid under the terms of the policy. How much is provable?

If serious about hiring counsel to help in this, feel free to contact me. .

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Answered on 7/25/12, 6:28 pm
David Lupoff Law Offices of David B. Lupoff

You can contact me on my cell phone at 818 943 0462 to discuss your case further. If not tonight, call me in the office tomorrow morning at 818 385 0520.

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Answered on 7/25/12, 7:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I'm so sorry to hear about your ordeal.

You probably have a good case against either the insurer and/or the broker. As Mr. Nelson notes, a key question is whether the broker failed to order the policy you paid for.

I believe you are entitled to more damages than those Mr. Nelson listed. You should also be entitled to compensation for the additional pain and suffering you endured beyond what you would have suffered had you received the care and transportation that your insurance policy was supposed to provide.

You should get a lawyer asap.

Good luck.

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Answered on 7/26/12, 12:16 pm


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