Insurance Claim Rejected After Flight Crew Timing Violation

3

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
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Envest Group Unveils TLI Underwriting: A New Era for Heavy Motor Fleet Insurance

21 Nov 2025: Paige Estritori

Envest Group, a prominent player in Australia's insurance sector, has announced the launch of TLI Underwriting, a new agency dedicated to providing specialized insurance solutions for heavy motor fleet operators. This strategic move aims to address the unique challenges faced by larger transport businesses in Australia. - read more

ASIC Initiates Legal Proceedings Against QBE for Alleged Misleading Discount Practices

21 Nov 2025: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has commenced legal action against QBE Insurance, alleging that the insurer misled more than 500,000 customers regarding premium discounts over a five-year period. This development has significant implications for the Australian insurance industry, particularly for policyholders seeking transparency and fairness in premium calculations. - read more

Hutch Underwriting's Trade Pack: Simplifying Insurance for Australian SME Tradies

21 Nov 2025: Paige Estritori

Hutch Underwriting has unveiled Trade Pack, a comprehensive insurance solution designed specifically for Australia's small and medium-sized trade businesses (SMEs). This innovative product aims to streamline coverage and alleviate the administrative challenges often faced by brokers and tradies alike. - read more

IAG's AI Integration: Revolutionising 'Make Safe' Repair Assessments

21 Nov 2025: Paige Estritori

Insurance Australia Group (IAG) has integrated generative artificial intelligence (AI) into its property claims assessment process, specifically to determine the necessity of 'make safe' repairs. This technological advancement aims to enhance operational efficiency and reduce costs associated with unnecessary contractor dispatches. - read more

Hollard Insurance's Costly Lesson: The Impact of Contractor Negligence

21 Nov 2025: Paige Estritori

Hollard Insurance has been ordered to pay over $225,000 in compensation after contractors appointed by the insurer caused significant dust damage during home repairs. This case underscores the critical importance of diligent contractor oversight in the insurance industry. - read more

Click for more Insurance News