In Hong Kong, there are many traditions to celebrate during Lunar New Year. Among the many customs, the placing of the first incense at the temple is an important designated activity for many Hong Kong people each year as the first incense is supposed to bring great fortune to the placer during the upcoming year. This is the reason why almost every temple is packed with people on Lunar New Year’s Eve and Lunar New Year’s Day.

We have all witnessed this spectacular scene in the news every year, where worshippers flock to the temple and compete to place the first incense. In fact, pushing in such crowded places can easily turn into confrontation with tempers flaring. Will a personal accident policy protect the policyholder if he/she is injured during such an argument or conflict?

The term "injury" within a personal accident insurance policy refers to bodily injury caused by unforeseen circumstances. People can easily get into an argument or even a physical fight when celebrating Lunar New Year’s activities in crowded places. If the insured is injured during an argument or fight, they may not necessarily be covered by personal accident insurance, depending on the circumstances behind the incident.

When handling such claims, we would take the police report into consideration to discover which party actually initiated the violence. If it is the policyholder who picks a quarrel in the first place, they may not be compensated even though they were injured during the fight. The rationale is that the insured should be well aware of the fact that a fight could easily result in injury. If the insured party is found to be the initiator of the conflict and suffers an injury, that injury would not be seen as being caused by an unforeseen accident; therefore the policyholder will not be entitled to any compensation. In addition, bodily injury and death caused by fighting are generally excluded from a majority of personal accident insurance policies except in the case of self-defence. If the insured person does not initiate the fight but is a victim, mediator, spectator or pedestrian, personal accident insurance may provide protection for policyholders.

To celebrate the festive season happily and safely, you are advised to comply with instructions from police officers in crowded areas.

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