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.
ASIC’s ongoing focus on general insurance claims handling is a timely reminder that the value of a policy is tested long after the premium is paid. For Australian tradies, the issue is practical rather than theoretical: when a ute is damaged, tools are stolen, a workshop is hit by stormwater or a client alleges property damage, delays and documentation gaps can quickly affect cash flow. - read more
A new Australian Financial Complaints Authority decision has put income protection claims under the spotlight, with useful lessons for tradies who rely on their own capacity to work. The dispute involved a delivery driver who had received weekly income protection benefits after a serious arm-related medical condition prevented him from working. The insurer later tried to recover more than $31,000 in paid benefits, arguing it had information suggesting he could have returned to work earlier. - read more
QBE’s decision to stop offering its standalone office and trade pack products from July 2026 is a timely reminder for Australian tradies to treat every renewal as more than a simple rollover. The insurer is moving customers towards a standard business cover structure, with existing trade pack policyholders expected to be offered the replacement product at renewal from October 2026. - read more
The Insurance Council of Australia’s redrafted General Insurance Code of Practice has moved into consultation, with submissions open until 21 July 2026 and a transition period of around two years expected if the code proceeds. For trade business owners, the headline change is that key insurer commitments are intended to become contractually enforceable, rather than sitting only as industry standards. - read more
The Australian Prudential Regulation Authority (APRA) is set to host the 2026 AFR Insurance Summit on June 16 at The Fullerton Hotel in Sydney. This pivotal event will bring together industry leaders to address pressing issues within Australia's insurance sector, with a particular emphasis on climate-related risks, insurance affordability, and maintaining public trust. - read more
Trades insurance is a type of coverage specifically designed to protect those who work in various trades, such as electricians, plumbers, carpenters, and builders. It encompasses a range of insurance products tailored to address the unique risks and challenges faced by tradespeople in their day-to-day activities. - 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
For tradespeople, protecting your tools and equipment is crucial. These are not just tools; they are the backbone of your business. Without them, you can't complete jobs, meet client expectations, or generate income. This includes your Vehicle. - 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
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
Knowledgebase
Indemnity: A legal principle that stipulates that insurance policies should restore the insured to the financial position they were in before the loss.
No comments yet. Be the first to share your thoughts.