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Ayala Appeals to the 11th Circuit Order Dismissing Class Action Case Against Allianz for Misrepresentation of its “Trip Protection” Insurance.

By May 25, 2021 No Comments

On May 7, 2021, Ayala filed a Notice of Appeal on behalf of its client a consumer who purchased “trip protection” insurance from Allianz Global Assistance.

In the lawsuit, the Plaintiff alleged that “[A] reasonable consumer would get the net impression that Allianz’s insurance provides broad, no-fault insurance protection and coverage, and that should one choose to purchase this insurance, one would not be “responsible for all cancellation fees and expenses.” Amended Complaint at ¶26.

The Amended Complaint also states that “a reasonable person, faced with Allianz’s offer of insurance protection and coverage, would not think that the insurance he was purchasing was, in essence, extremely limited, applicable only to specific and unlikely named perils, such as medical emergencies, illness, or catastrophic events.” Amended Complaint at ¶28.

The Amended Complaint alleges also that “if [a consumer were] told that the insurance covers mainly medical emergencies or catastrophic events, [consumers probably] would not purchase travel insurance in the context of already expensive flight tickets.” Amended Complaint at ¶29.

The Amended Complaint alleges further that “It would be easy for Allianz, a Fortune 500 corporation, to fix its offer to say: “this is a medical emergency, illness, or catastrophic event insurance,” and thus truthfully reveal to consumers the essence, nature, and substance of what it is selling to them.” Complaint at ¶40. According to Ayala, Allianz does not disclose this because it knows that if it does, almost no one would purchase their rarely used “insurance.”

The trial court dismissed the case stating that Plaintiff’s impressions of Allianz’s offer were contradicted by the very contract Plaintiff alleged was unlawfully induced.

For more information about Allianz Class Action, or if you think you may have a class actions case contact 305-570-2208 or email attorney Eduardo A. Maura at eduardo@ayalalawpa.com

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