A Hoover man whose wife died while scuba diving on their 2003 Australian honeymoon awaits a court decision on whether he can collect on an insurance policy taken out for their trip.
Gabe Watson's wife, Christina "Tina" Thomas Watson, died Oct. 22, 2003, during a group scuba diving expedition off the coast of Queensland. The 26-year-old had married Watson 11 days earlier.
An autopsy and tests conducted in Australia determined that Watson drowned, but the cause has been the subject of a four-year investigation by Australian and U.S. police.
Watson has named Old Republic Insurance Co., Travelex Insurance Services Inc. and Get Away Travel in a lawsuit for denying policy payment and causing him monetary damages and mental anguish.
The suit is scheduled to be heard in February in Jefferson County Circuit Court.
The suit asks for approximately $45,000 in payment on the policy and unspecified punitive and mental anguish damages.
According to the suit, filed March 30, 2005, the policy provides $25,000 for common carrier accidental death benefit and a $10,000 benefit for 24-hour, or around-the-clock, accidental death. The policy also provides for such matters as trip cancellation or interruption, medical expense, itinerary change and baggage delay.
Watson submitted the claim on or around Oct. 26, 2003, according to his suit.
According to court filings, Old Republic, the underwriter, has denied the claim Watson made on the policy, which he purchased for $484. The company said the policy excludes injury or loss of life while participating in scuba diving.
The companies' claim also says Watson did not inform their representatives that the trip included scuba diving and that a brochure provided when Watson bought the insurance "specifically informed the plaintiff that the plan exclusions apply and directed him to a Web site and other documents for a full list" of exclusions.
Watson's complaint says he told the agent who made the couple's travel arrangements that the trip included scuba diving, and information he was provided when purchasing the insurance policy did not contain any exclusion for coverage.
A February 2006 request by the insurance and travel companies to dismiss the suit was denied in an order issued by Circuit Court Judge Edward Ramsey of Jefferson County.
In the document, Ramsey said, "While defendants argue that the policy exclusions were sent to the plaintiff, there is no evidence before the court to that effect. There is evidence that plaintiff was advised that a complete description of the plan could be obtained at defendant's Web site."
Attorneys for the insurance companies declined comment.
Efforts to reach Brett Bloomston, Watson's attorney, were unsuccessful.
A two-week coroner's inquest into the cause of Tina Watson's death began Nov. 19 in Australia and will reconvene Jan. 21.
Gabe Watson did not attend the inquest but is expected to testify by phone during the second phase of the proceeding, according to his attorneys.
