VCAT says no TI for mental illness discrimantory

[Hvr]

For Melbourne university student Ella Ingram, it was never about the money.


When she took on the travel insurance giant, QBE, over a denied claim due to her depression, she wanted to call them out for discrimination.


On Friday, VCAT awarded Ms Ingram more than $20,000 and found QBE had breached the Equal Opportunity Act.

Read more: Student wins landmark ruling against QBE for not reimbursing cancelled flight due to mental illness
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This seems to be a test case that will apparently cause changes in how travel insurance covers mental illness. Whilst is was specifically excluded in the original policy this ruling says that is longer acceptable.

 

[Pushka]

I dont understand why its ok to exclude some physical issues then. Why is this not considered as discriminatory?

 

[drron]

Why wasn't she caught by the pre existing disease clause?The TV clip said she was seeing a psychiatrist.

 

[Hvr]

Why wasn't she caught by the pre existing disease clause?The TV clip said she was seeing a psychiatrist.

Her illness occurred after purchase of the ticket but before she travelled. Her psychiatrist recommended she not travel because of the severity of the illness.

Basically the reason we should all have travel insurance if a new injury or illness occurs after the purchase of TI but before travel then you're covered.

 

[MEL_Traveller]

Will be interesting to see how QBE proceeds from here... whether they're intending to appeal or not.

 

[mhen]

The full decision is on the VCAT website

https://www.vcat.vic.gov.au/adv/resources/document/ingram-v-qbe-insurance-australia-ltd

 

[moa999]

Fairly technical judgement, but I suspect it will be appealed.
1. Otherwise a psychiatrist note might become like a doctors certificate for sickies when people want to cancel a trip
2. The (IN my mind) very high award of $15k for non-economic loss for feeling hurt when the claim was denied