Generali-U.S. Branch v. Springel

Travel insurer Generali denied trip-cancellation coverage for a cruise the insureds canceled after the insured's spinal fusion surgery, arguing the 'Sickness' commenced before coverage, was foreseeable, and was a pre-existing condition. After a non-jury trial, the county court found for the insureds, and the Fourth District affirmed, holding competent substantial evidence supported findings that the disabling sickness (the urgent need for surgery and post-operative recovery) first commenced during coverage on the date the neurosurgeon advised immediate surgery, that it was unforeseeable, and that the exclusion did not apply because the prior back diagnoses were a separate and distinct condition.

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