ST. PETE, Fla. — A St. Petersburg couple claims they are out almost $10,000 after a travel insurance company repeatedly denied their claim for a canceled trip due to a medical emergency. The couple said the insurance keeps denying coverage, citing a pre-existing condition despite a doctor's note stating otherwise.
Robert and Diane Dembinski planned an 11-day, 10-night trip to Italy for Diane’s 65th birthday, during the Catholic jubilee year. The Catholic jubilee year is celebrated once every 25 years and is a time of spiritual awakening.
"A once-in-a-lifetime trip," Robert Dembinski said.
However, the couple never spent a day in Italy. Before the trip, Diane Dembinski was injured.
"I lifted our grandson, and I got hurt," Diane Dembinski said.
"She actually broke 2 vertebrae," Robert Dembinski said.
A note from Diane Dembinski's doctor stated she had "acute" compression fractures and would be "unable to keep her scheduled trip," which was set for a few weeks later.
The couple used that note to file a claim with their travel insurance company, Terrawind Global Protection. Terrawind denied the claim, stating the injury was due to a pre-existing condition.
“This was an injury but they claim because of osteoporosis that caused the break and no it was the injury that caused the break so completely different animals," Robert Dembinski said.
Terrawind is based in Mexico. After weeks of calls and emails went unanswered, Tampa Bay 28 Consumer Investigator Susan El Khoury reached out to the company on LinkedIn. Within hours, a representative said they were "reviewing the situation" but would not discuss the case due to privacy regulations.
"You really feel cheated," Robert Dembinski said.
Under Florida law, travel insurance does not cover pre-existing conditions, but companies must disclose this before purchase. The Dembinskis said they never received any policy documentation from Terrawind.
"We didn’t get any documentation from them regarding the insurance," Robert Dembinski said. "Had we known some of the loopholes, maybe we would have purchased additional insurance.”
Attorney Charles Gallagher III specializes in consumer cases. He advises travelers to get the insurance policy and read it before paying.
"How can someone say they’re bound under the terms of that agreement without giving them that agreement? Telling them verbally what the agreement says is not good enough," Gallagher said.
"You want to make sure you have a copy of that policy from day one, they shouldn’t be hiding the ball," Gallagher said.
Regarding the pre-existing condition claim, the Dembinskis point to the doctor's note, which called the injury acute and never mentioned a pre-existing condition.
"The insurance company has to base it upon some kind of fact, some kind of verifiable medical opinion, it can’t be arbitrary," Gallagher said.
The trip was an all-inclusive deal which included insurance, sold by the agency Travel Express. When Consumer Investigator Susan El Khoury contacted Travel Express, an employee said the matter falls under the insurance company.
After Tampa Bay 28 contacted Terrawind, the company reopened the case but ultimately denied the claim again. Terrawind told the couple that if they wanted to pursue the issue, they would have to sue in Chile, where the insurance was issued.
"To me, there’s a difference between doing the just doing and doing nothing at all and taking your money," Robert Dembinski said.
Travelers should consider where a travel insurance company is based before buying, as seeking recourse against a company outside the U.S. can be challenging.
Share Your Story with Susan
Consumer Investigator Susan El Khoury is here to advocate for you. From crimes targeting consumers to tips and tricks to help you save money, Susan works to help solve the day-to-day issues. Reach out to Susan with any problems you need help solving.
.
BTS opens North American tour in Tampa, drawing thousands of fans to sold out shows
K-pop superstars return after pandemic hiatus and military service, launching three-night run at Raymond James Stadium.