Travel Insurance Cover Court Summons?

kazprincess

Hi All

A friend of mine booked up a dream holiday last year all paid for, but recently she is being taken to court (not anything that serious) and she is really worried that the court dates might interfer with her holiday plans.
She is due to go May so she hasnt ordered Travel insurance yet, but she was thinking with going with Insure and Go.
Does anyone know if they will pay out for cancellation for a court summons? Or any travel insurance that defo will pay out for this?
She is only going for two weeks, but it is just playing on her mind that she may not be able to go on holiday and most of all will lose alot of hard saved money.

I have read the terms and conds and it seems like they will pay out if you have jury service, are a witness in a case ect but nothing to say they will pay if its you being taken to court.

Any advise would be must apprechaited.
Thanks.

Incapuppy

Just a thought - if she knows that there is a possibility that she may have to go to court and even if travel insurance does cover that sort of scenario in general surely she can't take out cover now as its hardly an unforseen circumstance for cancellation is it?

Tight_Git_3

She should phone the court and explain the situation at the earliest opportunity - i.e. today. They are liklely to be able to ensure the dates don't clash when the case is booked in. If it's left too late they will probably say tough luck.
She needs to contact the listings department at the relevent court and ask for the case to be brought forward if possible.
Failing that, do as a lot seem to do and not turn up anyway, then either wait to be arrested by the poilce a few weeks later, or hand herself in at the court when it's convienient for her to do so.....
I would be very surprised if the insurance would pay out as they would deem it as somthing she has brought upon herself.

dmg24

If it is a civil case, I would agree with Tight Git. The court will ensure the dates do not clash.

If it is a criminal case, the court will not move the date due to a holiday, and I would be amazed (but happy to be proven wrong!) if any insurance would cover it.

If it is a criminal case, I'm hoping that your friend is not going to the US?

kazprincess

no she isnt travelling to the US. But i think you are all correct with the insurance not paying out.
She has told her soilciter and she did say that it should be ok as it was booked before any of this happened, but she just worries. Maybe she should book up the insurance then when she defo knows that she is able to go, otherwise she may lose that money as well.
Thanks for your replies.

Incapuppy

I think your friend would be wise to take out insurance asap anyway. She has paid out a lot of money for a dream holiday - things can and do sometimes happen to prevent people from travelling. For the sake of say £20 for insurance she could possibly end up losing the cost of her holiday altogether (for another unforseen circumstance unrelated to the whole court scenario.)

[Deleted User]

I think thatthis would count as a pre exisiting condition as she is aware there could be a problem with the dates.

bairn7

I agree with the insurance not paying out. When you take out insurance you have to disclose all facts known to you which you deem to be material (ie all facts which you think MAY affect the holiday or may lead to a possible claim). If you took out insurance and didn't state this at the time, and then tried to claim due to being forced to cancel because of the court date, the first thing the insurer will do is find out when you were notified of the court date (which is easy to do). Sorry!Having been in court many times (as a law student I might add!!) I've seen judges (at least in scotland) defer further appearances in minor offence cases due to the accused having long standing pre-booked holidays etc so contacting the court ASAP would be the best bet. Your friend shouldn't be tempted to just not turn up and hand herself in later as this could make her situation worse in the eyes of the court when they do finally get there!!

lisyloo

She should take out insurance ASAP anyway.
The risk starts from when you make the booking.
The reason is that one of the travelling party could die or get very sick (or an immediate family member) at any time after making the booking.
The risk does not start from when you go on holiday, it starts from when you make the booking.

As others have said she won't be covered for the court case as it's already known about but she needs it to cover death and sickness that could happen to anyone, anytime.

kazprincess

thanks so much for your advice - i think you are right in getting her to get insurance asap.
Her solicter does know and she has printed evidence that the hoilday has been booked for near enough a year and she said that she thinks that should be ok. I will pass on all your comments. Thanks again!

jaymac_2

I'm always surprised by the number of people who don't take out insurance when they book their holiday. They often intend to take it out later but until they do they're taking a risk.