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.
Insurance Australia Group (IAG) is proactively addressing the challenges posed by the current soft commercial insurance market through its Intermediated Insurance Australia (IIA) division. CEO Jarrod Hill has expressed confidence in the division's ability to navigate these conditions, citing a well-balanced business portfolio and strategic operational adjustments. - read more
The Tasmanian Government has announced a significant shift in its strategy to address insurance affordability and availability within the state. Premier Jeremy Rockliff revealed plans to collaborate with insurers, brokers, and reinsurers to develop solutions that effectively tackle these issues. - read more
The Australian Government's 2026 federal budget has earmarked $3.4 million over four years to develop measures aimed at reducing property insurance costs and addressing the issue of unintentional underinsurance. This initiative reflects a growing recognition of the financial pressures faced by homeowners and businesses due to escalating insurance premiums. - read more
The Australian Prudential Regulation Authority (APRA) has released its latest statistics, indicating a significant increase in intermediated general insurance premiums. In the six months leading up to December 31, 2025, premiums placed through intermediaries reached $22.97 billion, up from $21.59 billion in the previous half-year and $22.28 billion in the corresponding period of 2024. - read more
The Australian Prudential Regulation Authority (APRA) is actively monitoring the exit of Eric Insurance from the general insurance market. Following the company's voluntary administration, APRA is overseeing the process to ensure that policyholders' interests are safeguarded. This includes facilitating partial refunds of unearned premiums to eligible policyholders who held active policies as of October 18, 2025. - read more
Trade insurance is an essential safeguard for subcontractors in Australia. It offers a safety net that protects against the uncertainties and inherent risks in the industry. Whether you're a plumber, electrician, or construction worker, having the right kind of insurance can mean the difference between financial stability and ruin. - read more
Creating a monthly budget is essential for any business, but it holds particular importance for small trade businesses in Australia. Effective budgeting can help you manage cash flow, allocate resources efficiently, and ensure financial stability. - read more
Insurance is a critical component for tradespeople in Australia, providing financial protection against a range of risks that can significantly impact your livelihood. Adequate insurance coverage ensures that you are protected against potential liabilities, damages, and unforeseen circumstances that could otherwise lead to substantial financial losses. - 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
Have you ever thought about making the leap from being a skilled tradie to running your own business? It's an exciting journey that many Australians are considering, as it offers the chance to not only work for yourself but also to create something meaningful in your community. - read more
Knowledgebase
Flood Insurance: A specific type of property insurance that covers losses and damage caused by flooding.
No comments yet. Be the first to share your thoughts.