After ALRP client Dennis Knebel lost his partner to AIDS in 2003, insult was added to injury, when a claim he filed under a travel benefits policy was denied. A long legal saga that began over four years ago finally ended when Dennis reached a settlement with Trip Assured, Inc., a travel benefits company located in Tennessee.
 
In July 2003, before taking a planned cruise to Mexico, Mr. Knebel, his partner Kenneth Burgess and Mr. Burgess’ parents purchased a travel benefits policy through Trip Assured. They purchased this policy through Trip Assured because of its trip cancellation insurance, which would pay them the non-refundable cost of the cruise if they had to cancel the trip. Furthermore, Trip Assured boldly advertised that travelers with pre-existing medical conditions would be accepted to the policy with a doctor’s note. Mr. Burgess was in a wheelchair, but he received the necessary medical clearance to travel on the cruise. 
 
Several days before the scheduled departure, Mr. Burgess suffered AIDS related complications and cancelled his trip. Sadly, Mr. Burgess passed away on October 14, 2003. When Mr. Knebel and the Burgesses filed to recover the cost of the cruise, Trip assured denied the claim, stating that Mr. Burgess’ illness was foreseeable and therefore his cancellation would not be covered by the policy.
 
Mr. Knebel approached ALRP for help and was referred to long-time panel attorney Timothy J. Halloran, a partner at Murphy, Pearson, Bradley & Feeney. At first, Mr. Halloran attempted to resolve the dispute informally, but the company would not alter its position. In July 2004, Mr. Knebel sued Trip Assured for its wrongful denial of the claim as well as violations of the Unruh Civil Rights Act, Unfair Business Practices Act and Consumer Legal Remedies Act.
 
Mr. Halloran and his associate, Peter L. Weber, aggressively litigated the case for over two years while Trip Assured defended its actions, often delaying the case. Just before the trial was set to start in January of 2007 a settlement was reached. Trip Assured agreed not to advertise that pre-existing medical conditions are accepted with a doctor’s note and not to advertise or enter into trip cancellation contracts in California. Trip Assured also paid Mr. Knebel a monetary settlement.

“The compassion and kindness we received from ALRP and our attorneys was deeply appreciated during a very difficult and emotional time for us,” noted Dennis. 
A tithe has been made by Murphy Pearson Bradley & Feeney to ALRP. ALRP thanks Tim Halloran and Peter Weber for their dedication and
advocacy.