Royal Caribbean Escapes Travel Insurance Class Action
A Florida couple's lawsuit against Royal Caribbean was dropped after a federal court found the suit is barred by provisions in its ticket contracts. It is one of three putative class actions filed recently against major cruise lines related to travel insurance programs.
Partner Scott Ponce represented Miami-based Royal Caribbean Cruises Ltd. in the matter alongside Partner Sanford Bohrer. "We are very happy with the result," Mr. Ponce told Law360. "There was absolutely no basis for this action ever to be filed as a class action, and, what's more, the plaintiffs filed it too late."
U.S. District Judge Ursula Ungaro dismissed the plaintiffs' complaint with prejudice after rejecting their argument that their ticket contracts did not cover the cruise line's "Travel Protection Program" and as a result the court found their claims time-barred because they had agreed to bring any claims within six months of the end of their cruise. The contract they signed also required them to arbitrate any claim not based on personal injury, illness or death, and therefore waived their right to maintain a class action.
"The facts and contract language in the Royal Caribbean matter are unique, so while we are disappointed with the order, we are reviewing and determining the options for our clients in this action," Mr. Ponce added.
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