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

Direct vs Broker: What Youi’s SME Insurance Shift Means

20 Jun 2026: Paige Estritori

Youi’s latest comments to the federal parliamentary inquiry into small business insurance have put a practical question back in front of Australian sole traders and small operators: is cheaper, simpler direct insurance always better, or does advice still matter when business risks become more complex? - read more

Tax Audit Cover Demand Rises as ATO Focus Sharpens

20 Jun 2026: Paige Estritori

Australian small business owners are showing growing interest in tax audit insurance as the Australian Taxation Office increases compliance attention across several sectors, including professional services. For freelancers, consultants and sole traders, the trend is a timely reminder that tax administration is not just a bookkeeping task; it is a business risk that can create real financial pressure if an enquiry lands at the wrong time. - read more

What a Softer Insurance Market Could Mean for Personal Trainers

20 Jun 2026: Paige Estritori

Australia’s commercial insurance market has moved into a more favourable phase for many business buyers in the first half of 2026, with industry reporting pointing to stronger insurer appetite, broader capacity and easing pressure across several key classes. For personal trainers, fitness instructors and small studio operators, the message is not that cover is suddenly simple or cheap. - read more

What the Lead Generation Crackdown Could Mean for Life Cover

20 Jun 2026: Paige Estritori

A fresh policy debate is emerging over how Australians are introduced to financial products, including life insurance. The Federal Government has been considering tighter controls on lead generation after concerns about poor conduct in parts of the financial services market, including the collapses of Shield and First Guardian. The life insurance sector is now warning that an overly broad crackdown could unintentionally make it harder for everyday households to find suitable cover. - read more

Mackay Sugar Cyber Incident Highlights a New Risk for Farm Businesses

19 Jun 2026: Paige Estritori

A reported ransomware incident affecting Mackay Sugar has put agricultural cyber risk back in the spotlight, this time with a clear lesson for producers who depend on processors, contractors and shared infrastructure. ABC Rural reported on 18 June 2026 that a Russian-speaking ransomware operation known as The Gentlemen had claimed responsibility for a cyber attack that disrupted two Mackay Sugar mills, with the company working to verify the claim and restart Farleigh and Racecourse mills in stages. - read more

Click for more Insurance News