Travel cancellation insurance does not always pay

Verdict: Travel cancellation insurance only pay for unexpected illnesses.

(14.09.2010) Cancellation insurance only has to cover the costs of a non-commencement of the journey in the event of unexpected illnesses of the insured. According to current legislation of the Munich District Court, a disease is not unexpected if the policyholder is aware of facts that make the occurrence of an illness probable. In this case the cancellation insurance is not obligated to pay.

The plaintiff in the trial at the Munich district court, had booked in early January 2009 for his daughter, son-in-law, his wife and himself a short trip to the US, which should take place in February 2009. At the same time he had in the event that his family can not start the journey, a travel cancellation insurance. Already in 2008, however, his wife was diagnosed with a herniated disc and hospitalized. With temporary success. In early 2009, his wife was completely symptom free at times and even went on skiing holidays. Nevertheless, the pain occurred shortly before departure suddenly back on and the family could not perceive their booked short break. As a result, the plaintiff incurred costs amounting to € 1,910, which the travel cancellation insurance did not want to take over, since the plaintiff was aware of the risk of illness before booking the trip.

The father of the family now tried to assert a legal claim before the district court in Munich in order to still receive money from the insurance company. However, the District Court ruled in the present proceedings that the argumentation of the insurance was to consequences, because the plaintiff was not only aware of the likelihood of another herniated disc, but his wife had suffered at the time of booking still in pain. The symptom-free phases would not have given rise to the presumption that his wife would no longer suffer from acute disc problems in the future. The basis for the assessment of whether an illness occurs unexpectedly is the view of an average policyholder. Thus, the ongoing pain and the intensive treatment in connection with the already known diagnosis for medical lay people such as the wife, a clear indication of the possible deterioration of health would have to be. Thus, the disease had to be expected. Therefore, the insurance is not obliged to pay, the District Court ruled. In general, underlying illnesses that run in fluctuations or episodes and in which again must be reckoned with acute phases, according to the judgment of the competent judge, not as unexpected. (Fp)

Image: Bernd Wachtmeister
(Reference: District Court Munich, judgment: file number: 242 C 29669/09)