Insurance Claim Rejected After Flight Crew Timing Violation

3

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

Share this news item:

Insurance News

Landmark Genetic Test Protection Gains Massive Support 17 Sep 2024: Paige Estritori The federal government’s recent move to prohibit the usage of genetic test outcomes in life insurance underwriting has garnered substantial endorsement from various sectors. - read more

Rising Home Insurance Costs Heat Up Household Finances 17 Sep 2024: Paige Estritori Recent data published by the Actuaries Institute indicates a surge in financial strain among Australian households brought about by climbing home insurance premiums. Remarkably, a staggering 1.6 million households are now feeling the pressure, marking a 30% increase over the last year, equivalent to an additional 360,000 households. - read more

Swiss Re Outpaces Expectations with Strategic Renewals and Diminished Catastrophe Claims 17 Sep 2024: Paige Estritori Swiss Re has reported a significant surge in net income, reaching $US2.1 billion ($3.09 billion) for the first half of 2024. This impressive performance has been largely attributed to favorable factors including reduced natural catastrophe claims, robust investment earnings, and strategic underwriting approaches. - read more

Autonomous Cars: Navigating the New Claims Terrain 10 Sep 2024: Paige Estritori The rapid evolution of automobile technology, particularly in autonomous vehicles, is poised to reshape the insurance landscape significantly, according to insights from Howden Re. Reinsurers need to anticipate a more complex claims environment that requires advanced strategies to effectively manage the potential complexities. - read more

Coalition Innovates with Advanced Cyber Reinsurance Services 10 Sep 2024: Paige Estritori Cyber security leader Coalition has unveiled an innovative reinsurance intermediary, enhancing its offerings with sophisticated insights and capabilities in the cyber domain. - read more