The cruise, initially booked for the previous October, was cancelled due to "ongoing unrest." While the holidaymaker received a credit voucher for the cruise, he had already altered his plans and incurred extra expenses. Southern Cross outlined that their policy excludes coverage for disruptions caused by conflicts, such as "acts of foreseeable violence" and "military operations."
The insurer elaborated that the cruise company's reference to regional unrest was tied to Middle Eastern hostilities, namely Israeli military actions in Gaza and Houthi movements targeting ships. The policyholder was forewarned of the non-coverage should regional hostilities impact the cruise itinerary.
Challenging the insurer's position, the claimant approached the Australian Financial Complaints Authority (AFCA), arguing that the term "unrest" should not fit the war and violence exclusion, stating that cruise vessels were not explicitly targeted. He noted that any violent incidents were mainly concerning cargo ships, suggesting no direct threat to passenger cruises.
AFCA's investigation clarified the circumstances, highlighting that, at the time of cancellation, American naval forces were actively escorting commercial ships in the area, engaging in combat with Houthi forces on occasion. The authority remarked that numerous shipping operators were side-stepping the region due to these threats, which are linked to hostilities involving the Houthis and Israel's warfare in Gaza.
An AFCA ombudsman aligned with the insurer's stance concluded that the regional situation exceeded mere unrest. The presence of US Navy activities was deemed indicative of military operations or foreseeable violence. Continuous Houthi aggressions were classified under foreseeable violence, justifying the insurer's denial of the claim.
