Insurance Claim Rejected After Flight Crew Timing Violation
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.
A traveler who faced a canceled flight due to the flight crew reaching their legal working hour limits will only receive partial reimbursement for his expenses.
This ruling came from an official complaints authority.
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.
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.
In a significant development for the Australian travel insurance sector, Europ Assistance Australia (EAA) has been granted a general insurance licence by the Australian Prudential Regulation Authority (APRA). This authorisation enables EAA to underwrite its own travel insurance products, marking a pivotal step in its commitment to the Australian market. - read more
The Australian Travel Industry Association (ATIA) is intensifying its efforts to secure a permanent authorisation for travel agents, tour operators, and accredited travel businesses to sell travel insurance at the time of booking. This initiative follows an exemption granted in 2021, which is set to expire in October 2026. - read more
In a strategic move to concentrate on its core health insurance operations, Nib Holdings has entered into a binding agreement to sell its World Nomads international travel insurance business to International Medical Group (IMG) for a cash consideration of $67.5 million. This transaction is subject to regulatory approvals and customary conditions, with the majority of proceeds expected within the current calendar year. - read more
In a significant development for the Australian travel insurance market, Cover-More, a subsidiary of Zurich's Cover-More Group, has entered into a strategic partnership with global brokerage firm Aon. This collaboration designates Cover-More as the exclusive provider of travel insurance products to Aon's Australian retail customers and employees. - read more
The Australian Travel Industry Association (ATIA) is actively campaigning to secure the permanent right for travel agents, tour operators, and accredited travel businesses to sell travel insurance at the time of booking. This initiative follows an exemption granted in 2021, which is set to expire in October 2026. - read more
Australian landscapes are a canvas of breathtaking vistas, and road tripping offers an intimate brush with this vast, picturesque continent. The allure of the open road, the freedom to explore quirky roadside attractions, and the opportunity to discover secluded spots creates an excitement unique to this mode of travel. - read more
Japan's springtime is an unfolding story of colour and culture that captures the hearts of travellers worldwide. As the winter snow melts away, the country is draped in a vibrant pink hue, heralding the arrival of the much-anticipated Sakura season. This period is not just a natural spectacle but also a timeless symbol of renewal and hope in Japanese culture. - read more
Travel plays a significant role in family bonding. There's nothing quite like exploring new places together, creating lasting memories, and experiencing adventures that will be talked about for years to come. - read more
Welcome to our guide on travel insurance! Whether you're planning a domestic getaway or an international adventure, travel insurance is a crucial part of your trip preparation. It provides peace of mind by covering unexpected expenses like medical emergencies, trip cancellations, and lost luggage. For Australian travellers, it is particularly important given the distance and expense often involved in overseas trips. - read more
Travelling is one of life's greatest joys, but it's not without its risks. This is where travel insurance comes into play for Australians. It ensures peace of mind, knowing that you're covered for unforeseen events such as medical emergencies, trip cancellations, or lost luggage. - read more
Knowledgebase
Whole Life Insurance: A type of life insurance that provides coverage for the insured's entire lifetime, with a savings component that builds cash value.
