The insurance company Beneva had to pay the Office de la protectione du consommateur and the Quebec government for $13.3 million in compensation, for trips canceled due to COVID-19.
The insurer alleges refunds to customers paid by defendants under the Travel Agents Act.
The sums taken from the Compensation Fund for Customers of Travel Agents (FICAV) “provided for this”, we can read in the original application in the court of Quebec last March 13.
Huge cancellations
Beneva describes in the lawsuit the restrictions imposed by the government on travelers.
As of March 13, 2020, the first advice to “avoid all non-essential travel” is issued and will remain in effect until October 21, 2021. Following the following December 15, another warning is announced and will remain in place until February 27, 2022.
“All policymakers who purchased a trip through an approved Quebec travel agent before these warnings canceled, given the government’s warnings,” the insurance company notes.
However, his clients who turned to the Office of Consumer Protection (OPC) came up against the case of inadmissibility.
“Rei do not negotiate and finally satisfy and / or indemnify the insurer who claims,” Beneva’s lawyers lament, deploring “serious prejudice” from their clients in their allegations that remain to be heard. in the Senate House.
“Unilateral observations” to the Terms
The company is outraged that the state must reimburse passengers, criticizing the “unilateral” decision to modify FICAV’s payment methods following the pandemic.
“With the events of COVID-19, defendants are now demanding that they have the right to first enjoy the other resources that are available to them, including their private insurgents,” write with the regret of Beneva’s lawyers in pursuit. “This new system was imposed unilaterally.”
The company initially put the OPC and the Quebec Attorney on notice in February. Acceptance does not follow this first account, the case for $13,349,205.38 was then filed in the Civil Division of the Superior Court.
A class action has also been filed against the Office de la protection du consommateur in connection with flight cancellations in the context of the pandemic.
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