Insurance Claim Rejected After Flight Crew Timing Violation
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.
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.
Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are increasingly vulnerable compared to their global counterparts, particularly in areas of risk preparedness. The survey, which gathered insights from 698 insurance executives across 42 territories, indicates that Australian insurers scored 6.6% lower on the Preparedness Index than the global average. This gap underscores the pressing need for the Australian insurance sector to bolster its strategies against emerging threats. - read more
The Australian Medical Association (AMA) has raised concerns about the diminishing value of private health insurance for Australians. In its annual Private Health Insurance Report Card, the AMA highlights that the system is increasingly failing to provide value for money to the approximately 15 million Australians holding private health insurance policies. - read more
The Australian insurance market is witnessing a transformative shift as insurers adopt innovative solutions to address the escalating risks associated with natural hazards. The inaugural Property Catastrophe and Climate Governance Report by Global Insurance Law Connect highlights several key developments aimed at enhancing resilience and closing the protection gap. - read more
The Australian and New Zealand Institute of Insurance and Finance (ANZIIF) has unveiled the finalists for the 21st Australian Insurance Industry Awards, set to take place on Thursday, 21 August 2025, at the Star Event Centre in Sydney. These prestigious awards honour the outstanding achievements of individuals and organisations across the entire insurance value chain, highlighting the depth of talent, innovation, and dedication within the industry. - read more
In a significant regulatory action, Allianz Australia and its subsidiary AWP Australia have been fined $16.8 million for making false and misleading statements. The Commonwealth Director of Public Prosecutions imposed the fines following an investigation and referral by the Australian Securities and Investments Commission (ASIC). - read more
Insurance is a crucial safeguard for everyone, but for subcontractors, it's essential. In the world of trade professionals, the tools of the trade are more than just pieces of equipment; they are investments into one's livelihood. - read more
Trade insurance is an essential aspect of running a successful trade business in Australia. Whether you are a carpenter, electrician, plumber, or any other type of tradesperson, having the right insurance coverage protects you from unexpected risks and liabilities that could otherwise derail your operations. - read more
In the trades industry, unexpected events and accidents can happen at any time. Injuries and illnesses can prevent you from working, potentially leaving you without a steady income. Insurance is a crucial safeguard that helps protect against these uncertainties, ensuring that you can continue to meet your financial obligations, even when you're unable to work. - read more
Professional indemnity insurance (PI insurance) is a type of coverage designed to protect businesses and individuals who provide professional advice or services. It covers claims made against them for negligent acts, errors, or omissions in the performance of their professional duties. - read more
Tradespeople work hard to earn their income, often facing unique expenses that can impact their bottom line. Understanding and maximizing tax deductions is crucial for minimizing these costs and keeping more of what they earn. By making informed decisions about expenses, tradespeople can significantly reduce their taxable income. - read more
'
Knowledgebase
Actuary: A professional who analyzes the financial costs of risk and uncertainty using mathematics, statistics, and financial theory.
