Trips canceled due to COVID, insurer sues Quebec
< p class="sc-v64krj-0 dlqbmr">The Beneva company believes that the OPC should have reimbursed its customers who had their trip canceled.< p class="e-p">The Beneva company is claiming from the Consumer Protection Office (OPC) and the government the sums it has reimbursed to its customers who have had their trips canceled due to the pandemic.
The Quebec Insurance Company has filed a lawsuit in Superior Court demanding $13.3 million.
Beneva, which is resulting from a merger between La Capitale and SSQ insurance, claims that it was up to the Government of Quebec to compensate its customers, and not to it.
According to the company's claims, rejected travelers should have been reimbursed through the Compensation Fund for Customers of Travel Agents (FICAV), administered by the OPC.
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A sign displaying the cancellation of several flights at an airport.
At the start of the pandemic, the federal government issued a warning to avoid all non-essential travel outside of Canada which remained in effect from March 13, 2020 to October 21, 2021.
A new warning is issued on December 15, 2021 which ended on February 27, 2022.
Massive trip cancellations have resulted, Beneva lawyers remind in their originating application.
Prosecutors say the OPC and the government failed to address and ultimately reimburse and/or indemnify the company's policyholders.
Quebec airport, practically empty, in April 2020.
According to the lawsuit, whose allegations remain to be proven, the insureds also met the FICAV eligibility conditions.
“The defendants had to reimburse and/or indemnify the plaintiff's policyholders, as first payer before any private insurer. »
— Excerpt from Beneva's originating application
The lawyers add that the defendants' unjustified refusal and inaction to deal with the claims of the plaintiff's insureds caused them serious prejudice.
Beneva claims to have had to, in good faith and in the interest of its policyholders, reimburse its policyholders for a total amount of $13,349,205.
The company gave notice to the government and the OPC to reimburse them this sum last month, which has not been done.
Beneva is therefore turning to the Courts, as have also been done by small claims clients. The OPC is also the subject of a class action claim.
“The Office has no comment to make on this matter and will not grant for an interview,” the organization's spokesperson said in response to our email request.
Beneva also declined our interview request.< /p>