Swimmer denied theft payout after a stroke of bad luck
A traveller whose phone and purse were stolen from a boat deck while he went swimming will not receive a payout after his insurer showed the items were left unattended.
The claimant said the possessions, including cash, were taken from a bag he left on the deck – as did other boat trip passengers.
The items were recovered by police about a week later, but the man had already bought another iPhone. He lodged a claim against his travel policy for the cost of the new phone.
Tokio Marine & Nichido Fire Insurance denied the claim, saying its policy did not cover luggage left unattended – defined as “when an item is not on your person or under your control ... or left in a position where it can be taken or damaged without your … knowledge”.
It did not cover the loss of money unless it was secured in a safe or strong room, it added.
The claimant argued the stolen items could not be considered “luggage”, and referred the Australian Financial Complaints Authority to a dictionary definition of the word.
But AFCA’s dispute ruling backs the policy’s definition of “luggage”, which includes “personal items … designed to be worn or carried”.
The authority adds that even if it accepts the man’s argument, no other part of the policy would cover him.
AFCA acknowledges the claimant had limited options for securing his bag while swimming, but says “the intent of the policy is to not cover these types of circumstances. The policy is designed to cover some losses, and not others.
“Its terms should not be disregarded in effort to fit the activities the complainant chose to undertake.”
See the ruling here.