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Checked luggage exclusion wrecks traveller’s theft claim

A Zurich corporate travel policyholder who placed his laptop, camera and two lenses in checked luggage for an overseas flight has lost a dispute over his claim after the equipment was stolen.

The man, who says he was advised by the airline’s check-in attendant to put the equipment into his case, held a policy which provided cover for the theft of electronic equipment.

However, an exclusion stated losses were only covered if the equipment accompanied the insured person as personal cabin baggage, unless “the insured person is prohibited from carrying the electronic equipment as personal cabin luggage by the carrier”.

The circumstances surrounding the check-in procedure were detailed in a “very brief” declaration from the man, which says airline staff “suggested” he place the items in his suitcase, according to an Australian Financial Complaints Authority (AFCA) ruling.

“Given the…wording used by the complainant, I do not consider, on balance, he was prohibited from taking the electronic equipment in his personal cabin baggage,” the AFCA determination says.

“The exception to the exclusion requires the complainant to be ‘prohibited’ from putting the electronic equipment in cabin baggage.”

Zurich provided an email from the airline stating it does not prohibit passengers from carrying electronic equipment as cabin luggage.

Airline staff are strictly required to ask passengers whether there are any valuable items in their checked bags, and if so to remove them. The airline stated if the items are not removed, a limited release tag is signed by the passenger.

Any bags too large to fit in the overhead compartments would be placed in the back of the hold, with passengers advised to remove all valuable items, the email said.

AFCA says “it was fair in the circumstances for the insurer to rely on this exclusion and decline the claim”.

Click here to read the full ruling.