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
Source: Paige Estritori

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

Share this news item:

Insurance News

Clear

Navigating Rising Premiums and Cybersecurity Threats in Australia's Insurance Sector

05 Mar 2026: Paige Estritori

In 2026, Australia's insurance industry is grappling with significant challenges, notably escalating premiums and increasing cybersecurity threats. These issues have prompted insurers to reassess their strategies to maintain profitability and customer trust. - read more

Bridging the Risk Preparedness Gap: Australian Insurers and Emerging Threats

05 Mar 2026: Paige Estritori

Recent findings from PwC's Insurance Banana Skins Survey reveal that Australian insurers are falling behind their global counterparts in risk preparedness, particularly concerning emerging threats such as artificial intelligence (AI) and cyber risks. The survey indicates that local insurers scored 6.6% lower on the Preparedness Index compared to global peers, marking a four-year low. - read more

Decade-High Returns: Australian General Insurers' Financial Performance in 2025

05 Mar 2026: Paige Estritori

In the 2025 financial year, Australia's general insurance industry achieved a 19% return on equity (ROE), marking the highest level in a decade. This significant performance is attributed to favorable weather conditions, strong investment gains, and the continued impact of premium increases. - read more

BizCover and Zurich Collaborate to Enhance Professional Indemnity Insurance for Australian SMEs

05 Mar 2026: Paige Estritori

In a significant development for Australian small and medium-sized enterprises (SMEs), BizCover has announced the addition of Zurich's Professional Indemnity (PI) insurance product to its online platform, effective from 3 March 2026. This collaboration aims to provide SMEs with enhanced access to comprehensive PI coverage, addressing a critical need in the business community. - read more

Insurance Council of Australia Challenges Proposed Use of PI Insurance for Compensation Scheme

05 Mar 2026: Paige Estritori

The Insurance Council of Australia (ICA) has recently voiced strong opposition to proposals suggesting the use of professional indemnity (PI) insurance as a funding mechanism for the Compensation Scheme of Last Resort (CSLR). This stance was articulated in a submission to a Treasury consultation, where the ICA emphasized that PI insurance is not designed to serve as a consumer protection tool. - read more

Click for more Insurance News