Brought to you by:

Claimant wins payout row after ear fears delay return flight

A traveller who had to extend his stay in Bali because of an ear infection will receive an additional payout from his insurer following a complaints authority decision.  

The complainant began suffering pain in his left ear, plus a cough and runny nose, shortly before his flight home last May 16.

He was prescribed antibiotics and told by doctors not to travel, causing him to miss the flight.  

On May 27 he attended a hospital with worsening symptoms and was told not to fly until at least June 13.

On June 20 he was deemed fit to fly and, despite recommendations to stay another week for more testing, he returned to Australia on June 23.

Separately, insurer HDI Global’s chief medical officer – who reviewed the case notes –had deemed the claimant fit to fly back from May 29. The man was informed of this on May 29 and again on June 3.  

HDI Global rejected costs incurred after May 29, noting its policy limited coverage if the guidance of its medical assistance service was not followed.  

But the Australian Financial Complaints Authority says the claimant had a fair reason for staying, noting Bali doctors warned of “potential irreversible complications” if he ignored their advice.

“It would not have been fair for the complainant to be expected to disregard this advice and fly home any earlier than he did,” an authority ombudsman said.  

“I acknowledge the policy terms are clear that there will be no or limited cover for emergency medical expenses and assistance ... if the advice of the assistance service is not followed.

“However, in the circumstances, it would not be fair for the insurer to rely on these policy terms to exclude or limit the complainant’s claim.”  

The insurer must pay $5390 for costs incurred between May 29 and June 23, plus $500 compensation for inconvenience caused.  

See the ruling here.