Make sure your luggage floats

[az85331]

I just received an answer from Cunard Insurance rep.  She said that Cunard will only pay their limit of $250 per bag and that she will forward our itemized Lost Luggage list to the New York longshoreman company "for their consideration".

I do not even understand what can I possibly expect from this company and what should I do now.  We've lost much, much more.   Any lawyer's opinion?

[Host Hattie]

Can you claim the rest from your own insurance?

[bitob]

11 hours ago, az85331 said:

I just received an answer from Cunard Insurance rep.  She said that Cunard will only pay their limit of $250 per bag and that she will forward our itemized Lost Luggage list to the New York longshoreman company "for their consideration".

I do not even understand what can I possibly expect from this company and what should I do now.  We've lost much, much more.   Any lawyer's opinion?

This speaks VOLUMES about Cunard.  Disgraceful doesn't even begin to describe their attitude.

I am a retired attorney.  You are at the mercy of a contract of adhesion.  The cost to sue the longshoremen is prohibitive.   They know it.  Venue is in NY.  They won't pay voluntarily.  Cunard should be paying the claims and recovering from the longshoremen.  It's a pittance compared to their quarterly profits. Cunard really stinks.  I honestly cannot believe they are taking this attitude.

 

My homeowner's insurance only pays for "covered perils" for losses outside the home.  The bags going into the water is not a covered peril.

 

My Chase Sapphire Reserve card will cover what Cunard doesn't up to 3000 pp.  I am not sure what kind of proof of loss they will require.  Obviously I don't have receipts for most of what I lost.  I am guessing it will be a struggle.  And even that wont cover my entire loss.

 

Makes me sick to my stomach.

 

 

[alc13]

I have to say, I'm shocked that Cunard won't take financial responsibility for this.  It's not even all that much money compared to whatever their annual expenses are; assuming, that is, that pitching luggage into the water is an uncommon occurrence.  I wonder if this is standard practice in the cruise industry.  

[Pushpit]

15 minutes ago, alc13 said:

  I wonder if this is standard practice in the cruise industry.  

I have mentioned the Athens Convention, so no, is the straightforward response to that. I would see the Athens Convention as within the scope of the UK's Small Claim channel (MCOL), and many USA states/counties have similar options, ditto most Canada provinces.

[ballroom-cruisers]

Isn't all the fallout from this kind of event why it makes sense to have a good travel insurance policy for cruises?

[SusanLINY]

26 minutes ago, ballroom-cruisers said:

Isn't all the fallout from this kind of event why it makes sense to have a good travel insurance policy for cruises?

 

The posters in this thread have gone into detail about the sort of coverage they have, you might want to read the thread from the beginning.

[Victoria2]

16 minutes ago, SusanLINY said:

 

The posters in this thread have gone into detail about the sort of coverage they have, you might want to read the thread from the beginning.

I know Bitbob mentioned their personal insurance cover, but have any of the others affected mentioned theirs?

This saga has certainly made me look at our coverage and also to double down on what goes where hand luggage v checked bags.

[SusanLINY]

Just now, Victoria2 said:

I know Bitbob mentioned their personal insurance cover, but have any of the others affected mentioned theirs?

This saga has certainly made me look at our coverage and also to double down on what goes where hand luggage v checked bags.

 

I'm never packing my good shoes in my checked luggage again.

[Winifred 22]

23 minutes ago, SusanLINY said:

 

The posters in this thread have gone into detail about the sort of coverage they have, you might want to read the thread from the beginning.

I am not sure all of the posters who have been affected have gone into any detail about their insurance status. I have read the entire thread too. 

Edited October 28, 2023 by Winifred 22

[Winifred 22]

3 minutes ago, Victoria2 said:

I know Bitbob mentioned their personal insurance cover, but have any of the others affected mentioned theirs?

This saga has certainly made me look at our coverage and also to double down on what goes where hand luggage v checked bags.

I have definitely increased mine when I renewed last week. 

[bitob]

The issue with a homeowner's policy is whether the loss is a covered peril.

If my luggage had been stolen at the pier I would have had coverage.

[Jim_Iain]

17 hours ago, az85331 said:

I just received an answer from Cunard Insurance rep.  She said that Cunard will only pay their limit of $250 per bag and that she will forward our itemized Lost Luggage list to the New York longshoreman company "for their consideration".

I do not even understand what can I possibly expect from this company and what should I do now.  We've lost much, much more.   Any lawyer's opinion?

 

I don't thing a Lawyer will help and could cost more than you will recover.   All Cruise Lines and Air Lines have  limited liability clause for luggage and it is somewhere in your cruise contract.  When you purchased and took the cruise you accepted this contract by default

 

At least in the U.S. we would also file a claim with out Homeowner's Insurance.   The problem is that most of the time the deductible is $1,000.   Other options that should be considered.

 

1. Travel Insurance - usually also cover lost and damaged luggage

2.  Credit Card used to book the Cruise -   I know that Chase Reserve has coverage.

 

 

[bitob]

13 minutes ago, Jim_Iain said:

 

I don't thing a Lawyer will help and could cost more than you will recover.   All Cruise Lines and Air Lines have  limited liability clause for luggage and it is somewhere in your cruise contract.  When you purchased and took the cruise you accepted this contract by default

 

At least in the U.S. we would also file a claim with out Homeowner's Insurance.   The problem is that most of the time the deductible is $1,000.   Other options that should be considered.

 

1. Travel Insurance - usually also cover lost and damaged luggage

2.  Credit Card used to book the Cruise -   I know that Chase Reserve has coverage.

 

 

Every homeowner’s policy has a list of covered perils regardless of deductible

[Lakesregion]

Look at small claims court where you live not NYC. Many states allow small claims to be filed in the jurisdiction where you reside rather than where the issue occured. In as much as the Port and the long shoremen's union are corporations they will have to send an attorney to the small claims hearing. Cheaper for them to send you a check.

 

Edited October 28, 2023 by Lakesregion
spelling

[bitob]

52 minutes ago, Lakesregion said:

Look at small claims court where you live not NYC. Many states allow small claims to be filed in the jurisdiction where you reside rather than where the issue occured. In as much as the Port and the long shoremen's union are corporations they will have to send an attorney to the small claims hearing. Cheaper for them to send you a check.

 

Hard to do from Arizona. 
 

My ta is getting involved 

He is very very connected and is fuming

[az85331]

Big Thank You to everybody who took time to reply to my post.  I feel that I just need to clarify something here.

We do understand quite well that Cunard is legally responsible for just $250 per bag.  As for Athens Convention I suspect it won't apply here since our final destination was New York, which is in the USA.  And if I understand it correctly, Athens Convention is only applicable to cruises completely in Europe with no stops in any US ports.

Further Bitob and others are quite right: every homeowner’s policy has a list of covered perils regardless of deductible.  And drowned luggage is not one of them.  At least in our case with our HO insurance.

Also, we live in Arizona and it would be quite difficult to pursue Small Claims Court path from here, if I understand it correctly.

The question, which I was trying to ask was: if I even have any legal stand against Long Shoremen's and NY Port organizations.  I never gave them my luggage nor had any contracts with them.  So for me this avenue seemed to lead to nowhere.  However, the fact that Cunard's Insurance rep. informed me about submitting my claim to them raises some question.  I am somewhat confused about it.

 

[FlyerTalker]

26 minutes ago, az85331 said:

As for Athens Convention I suspect it won't apply here since our final destination was New York, which is in the USA.  And if I understand it correctly, Athens Convention is only applicable to cruises completely in Europe with no stops in any US ports

 

The text of the Athens Convention is readily available online.  Look to Article 2, Section 1 which describes when it is applicable.

 

It is not "completely in Europe".

 

 

[bitob]

On 10/28/2023 at 3:41 PM, Lakesregion said:

Look at small claims court where you live not NYC. Many states allow small claims to be filed in the jurisdiction where you reside rather than where the issue occured. In as much as the Port and the long shoremen's union are corporations they will have to send an attorney to the small claims hearing. Cheaper for them to send you a check.

 

Hard to do from Arizona. 
 

My ta is getting involved 

He is very very connected and is fuming

[bitob]

Just got official letter from Cunard

not their fault

as a gesture of good will they are sending me 500 per bag

the told me submit claim to port 

 

 

I cannot write what I am thinking 

 

[az85331]

1 hour ago, bitob said:

Just got official letter from Cunard

not their fault

as a gesture of good will they are sending me 500 per bag

the told me submit claim to port 

 

 

I cannot write what I am thinking 

 

Is it $500 per bag or total? 

Because in our official letter from Cunard they say all the same: "not their fault, gesture of good will, submit claim to port", but only $250 per bag with $500 total for two bags.

[alc13]

A gesture of goodwill would have been to coordinate all of the claims with the Port Authority instead of leaving you to fend for yourselves with no information or guidance.  Much more value in that than reimbursing you an additional $250 per bag.  And even that response took them a month to formulate.

 

We won't stop sailing with Cunard; we like it too much, and so far it's better than most other lines.  But I'm disappointed.

[bitob]

3 minutes ago, az85331 said:

Is it $500 per bag or total? 

Because in our official letter from Cunard they say all the same: "not their fault, gesture of good will, submit claim to port", but only $250 per bag with $500 total for two bags.

Oops. 250 per bag

[az85331]

34 minutes ago, alc13 said:

A gesture of goodwill would have been to coordinate all of the claims with the Port Authority instead of leaving you to fend for yourselves with no information or guidance.  Much more value in that than reimbursing you an additional $250 per bag.  And even that response took them a month to formulate.

 

We won't stop sailing with Cunard; we like it too much, and so far it's better than most other lines.  But I'm disappointed.

FYI: "$250 goodwill" from Cunard is not an additional!  That's all what they will pay total.  And it is exactly what their liability is.  Where here is any "goodwill"?

[az85331]

19 hours ago, FlyerTalker said:

 

The text of the Athens Convention is readily available online.  Look to Article 2, Section 1 which describes when it is applicable.

 

It is not "completely in Europe".

 

 

Thanks for your clarification.  Yes, you are right: Athens Convention does not require it to be "completely in Europe". 

However we live in the USA and USA never ratified this convention.  It's impractical for us to travel to Europe to sue them there.  Then comes the question about how US courts will treat it.  I am not a lawyer but I did some research and this issue appears to me to be quite complicated.  Here is some legal reference on the subject:

https://repository.law.miami.edu/cgi/viewcontent.cgi?article=2504&context=umialr

Somebody smarter than me and with some legal background can, probably, make some conclusion from here, while I, to be honest, am confused about this.