Insurance Claim Rejected After Flight Crew Timing Violation

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The frustrated passenger incurred additional costs when his flight from Palermo to London was unexpectedly stopped because the crew had worked the maximum hours allowed by law. He expected full coverage for these expenses under his travel insurance policy.

However, Lloyd’s Australia, the insurer, denied the claim, stating that the travel policy’s clause on additional expenses and disruption coverage only applies to events such as strikes, riots, hijacks, civil unrest, adverse weather conditions, or accidents involving the mode of transport.

The claimant argued otherwise, insisting that the crew reaching its working hours limit was akin to industrial action such as strikes, implying that the insurer had a too narrow interpretation of the policy's disruption cover. He stated that the restriction on working hours is a precaution to prevent accidents, which aligns with the "spirit of the policy".

Yet, The Australian Financial Complaints Authority (AFCA) did not accept this reasoning.

AFCA pointed out the scant information provided by the claimant which linked the flight cancellation directly to crew working hours being exceeded. They reinforced that this situation is distinct from a strike.

“A strike constitutes a deliberate refusal to work, whereas regulatory limits on work hours are a constraint and not a chosen action,” noted the AFCA's ombudsman. “Additionally, equating flight crew timing regulations with an accident scenario is not fitting, since the clause in question applies to actual incidents happening, not cancellations meant to forestall potential accidents.”

However, AFCA acknowledged a part of the travel policy which offers coverage for scenarios where a flight is delayed over six hours due to uncontrollable circumstances.

Under this provision, the insurer is required to compensate the complainant with the policy’s cap of $2000.

“Although the insurer claims that these circumstances are specifically excluded by the policy, they failed to indicate which exclusion they are relying on and provide justification for triggering it. Therefore, it is unconvincing that the insurer has adequately clarified its entitlement to decline or reduce the claim under this section,” AFCA concluded.

This case was originally reported by Insurance News Australia.

Published:Monday, 9th Sep 2024
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

What Broker Breach Reporting Means for Fitness Professionals

19 Jun 2026: Paige Estritori

New broker compliance data has put a spotlight on an issue that matters to every fitness professional who relies on public liability, professional indemnity or broader business insurance: renewal timing and communication. On 18 June 2026, Insurance Business reported that the Insurance Brokers Code Compliance Committee`s 2025 Annual Data Report recorded 5,417 breaches of the Insurance Brokers Code of Practice affecting 14,842 clients. - read more

Late Insurance Renewals Put Consultant Cover in the Spotlight

19 Jun 2026: Paige Estritori

Australian consultants rely on timely, accurate insurance renewals to keep professional indemnity, public liability and other business covers aligned with current contracts. A recent annual compliance update from the insurance broking sector has underlined why renewal discipline matters: missed or late renewal contact was reported as the leading category of broker code breaches for the past year. - read more

Why GIS Project Tracking Matters for Construction Insurance

19 Jun 2026: Paige Estritori

Build Australia’s latest construction technology coverage, published on 16 June 2026, highlights how geographic information systems, or GIS, are moving beyond digital mapping to become a practical project tracking tool for modern construction sites. The report frames GIS as a way to connect dispersed teams, complex schedules, site conditions and operational data into a shared spatial view, helping project leaders make faster and better-informed decisions. - read more

Sphere Liquidation Highlights Why Broker Due Diligence Matters

19 Jun 2026: Paige Estritori

The liquidation of authorised representative network Sphere Insurance Group has put broker governance and client continuity back under the spotlight. According to early estimates reported by Insurance News, the failed network could owe more than $11 million to creditors, including insurers, underwriting agencies and a secured lender. The figures are preliminary and based on company records, with the liquidator still investigating the group’s financial position. - read more

Anna Spink to Lead BHSI's Marine Division in Australasia

17 Jun 2026: Paige Estritori

Berkshire Hathaway Specialty Insurance (BHSI) has announced the promotion of Anna Spink to Head of Marine, Australasia. This strategic move underscores BHSI's commitment to bolstering its marine insurance operations across the region. - read more

Click for more Insurance News