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Old December 20th, 2002, 02:10 PM
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Default Travel Insurance Court Case

Travel Insurance Court Case
by HannaS77
This particular court case may show the importance of buying travel insurance. The case is known as R. Fleming, Plaintiff v. American Automobile Association(AAA), Group Voyages, Inc., Peggy Phillips, Continental Insurance Company and Tripp-Mate Insurance Agency, Plaintiffs. The case is reported as 764 Southern Reporter 2nd, 274 and it might be worthwhile to read the entire transcript of the trial since the following is merely a synopsis.

While in Delphi, Greece, the plaintiff fel, fracturing her right hip. Peggy Phillips a travel agent sold her a package tour of Greece through AAA. For an additional premium, travel insurance was added to the package. In addition to the usual cancellation provisions, the travel policy included such goodies as lost baggage, medical expenses and medical emergency assistance and evacuation. After the accident, the travel agent contacted MEDX to obtain medical assistance. The plaintiff was taken to hospital in Athens. Although still in great pain, the plaintiff was discharged from the hospital to New Orleans where she under went a series of three surgeries to correct the problem with her hip. Eventually she needed a hip replacement operation.

Consequently the plaintiff filed a law suit against all the defendants. The trial court awarded her $1,000,000, an amount that was far in excess of the limits of liability specified in the travel insurance policy. She was also was awarded $137,586.90 for special damages. The defendants appealed the trial court decision. The Court of Appeal upheld the $1 million award but disallowed the special damage award.

During the trial it was pointed out that Medicare and Blue Shield of Alabama had paid her medical expenses that were incurred in the United States. This is indeed a rather interesting case for which the court transcript is fourteen pagers long.

The writer is not a lawyer and not intending to offer legal advise; for that one should use an experienced attorney. The article has been written as non-profit educational and information purposes . The transcript of Federal and State courts have been held by the U.S. Supreme Court to not be subject to copyright laws.
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  #2 (permalink)  
Old December 20th, 2002, 03:50 PM
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Join Date: Oct 2000
Posts: 5,238
Default Re: Travel Insurance Court Case

Show me a jury with three brains to rub together. Juries LOVE giving away other people's money.

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