TD settles lawsuit over COVID-19 travel insurance claims

TD Home and Auto Insurance Company has agreed to pay $5.1 million as part of the deal.

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TD Home and Auto Insurance Company has agreed to file a class action lawsuit over certain travel insurance claims it has denied, primarily affecting Canadians who have canceled their trips due to COVID-19 travel restrictions.

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The lawsuit alleges that the Toronto-Dominion Bank subsidiary violated its insurance policy terms by refusing to honor travel cancellation claims and provide full compensation where credit, coupons or coupons were available.

As part of the settlement, the insurer agreed to pay $5.1 million, of which $4.8 million would be distributed to compensate class members. The remaining $300,000 will cover management costs.

customers Those insured with a TD travel insurance policy between March 16, 2018 and October 15, 2021 may qualify if their travel assistance claim is denied in whole or in part based on receiving non-monetary compensation such as coupons, vouchers or credits instead of cashback. This means that the customer must have already made a request to TD for the trip cancellation.

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Compensation will be distributed to three groups. The first includes passengers with claims for amounts paid to certain airlines that changed their policies after a class action lawsuit was filed. Airlines and travel providers including air Canada, Air France, Air Transat, British Airways, Emirates, Porter, Ryanair, Sunwing, Swoop, United Airlines and WestJet had previously only offered credits for canceled trips, but policies and cash repayments for certain periods. Although reimbursed by airlines, those in this group $100 regardless of the amount of their demands.

The second group will include passengers whose claims do not meet the travel date and other conditions determined by the airlines. They will receive approximately 40 percent of the value of the rejected claim as part of the settlement amount and will be able to keep the loans they received.

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The third group includes those who qualify for both groups and receives $100 and about 40 percent of the rejected claim.

Law firms Samfiru Tumarkin LLP and Adair Goldblatt Bieber LLP have filed a class action suit on behalf of lead plaintiff Kevin Lyons, whose claim for travel cancellation coverage was said to have been denied after travel plans were canceled due to the COVID-19 outbreak in March 2020.

According to the class action, Lyons only got back $78.97 of its $6,673.36 claim for the non-refundable portion of the Airbnb reservation. The portion of his family’s flights and cruise was denied.

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Lawyers involved estimate that there are about 8,800 Canadians eligible to sue.

TD said it had no further comment on the proposed deal.

A settlement was reached earlier this month to settle the case and will be considered by the court on February 17, 2023.

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