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WA Travel Insurance - What is the Definition of Unnecessary Danger?

Discussion in 'Insurance Law Forum' started by Wazari, 18 May 2016.

  1. Wazari

    Wazari Member

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    A friend was recently denied a travel insurance claim from a holday injury in South Africa due to an "Unnecessary Danger" clause. Does anyone know the legal definition?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Wazari,

    it will depend on how it is defined in your friend's insurance policy. It should clearly define circumstances which would include "unnecessary danger" or "unnecessary risk" as it is also called.

    Most Australian travel insurance policies have exclusions which mean that the policy won't cover you if you do not take action to avoid, or minimise, any potential claims relating to travel warnings related to:
    • Strikes
    • Riots
    • Severe weather
    • Civil protest and political instability
    • Terrorism
    • Any act of war, whether war is declared or not or from any rebellion, revolution, insurrection or taking of power by the military
    • Nuclear reaction or contamination from nuclear weapons or radioactivity
    • Biological and/or chemical materials, substances, compounds or the like used directly or indirectly for the purpose to harm or to destroy human life and/or create public fear
    • Contagious disease and/or Epidemic or Pandemic
    You should always check with smartraveller.gov.au and/or who.int to see whether a travel warning has been issued for that place. However, you may still be covered if the loss that you are claiming for was completely unrelated to the risk warned of.
     
  3. Wazari

    Wazari Member

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    Thanks Sophea,

    My friend was not involved in anything so extreme. It was during a very slow quad bike game drive. She only fell off a quad bike from a standing start. She was holding a child and the accelerator was sticking so it took off suddenly when the driver started. She fell a matter of maybe one metre and broke a wrist. Many thousands later, she has been told that the insurance will not be honoured due to "unnecessary danger" clause?

    Thanks again
     
  4. Sophea

    Sophea Well-Known Member

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    Does the policy specifically mention "motor sports" or riding quads or motor bikes as falling within the "unnecessary danger" exclusion? Get more clarification from them because you can fight them on this. Unless there is some clear exclusion that rules out cover in her case she has the right to fight for cover where it is ambiguous. She can also go to the insurance ombudsman if she is unhappy with their decision.
     
  5. Wazari

    Wazari Member

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    Thanks again. Waiting for the fine print to come through. The insurance was included as part of buying the tickets through a credit card which included insurance on all flight purchases.
     

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