Insurers Mandated to Fulfill Obligations Post Mine Collapse
Insurers Mandated to Fulfill Obligations Post Mine Collapse
Insurance companies have been directed to complete their responsibilities in restoring a critical piece of mine equipment that collapsed following initial repairs. This ruling comes after a legal contention over their payout duties.
Insurance providers Vero, QBE, and Singapore’s Star International Insurance contended that they were not accountable for the failure of a radial coal stacker during post-repair tests. The initial damage was covered under the industrial special risks (ISR) policy, held by Baralaba Coal Company.
The policy had expired by the time the final repair claim was made by the Queensland mine. However, the Federal Court determined that the insurers were still liable as the equipment had not been fully operational when the second failure occurred.
Justice Sarah Derrington, who presided over the case, stated in her ruling, “The additional damage sustained to the stacker after the insurance period concluded is irrelevant. The insurers’ duty to cover the reparation costs took effect during the policy period. Since the stacker was not restored to its pre-damaged state before the second collapse, the obligation persisted.”
The radial coal stacker initially suffered damage in March 2019, a month before the ISR policy expired. The insurers funded the initial repairs by September of that year. The equipment collapsed again in October during performance tests to verify the repairs.
Insurers argued that by October 27, 2019, the stacker was “substantially reinstated,” and the policy had lapsed by then. Therefore, they claimed that they were not required to cover the costs for the damages from the collapse.
In her decision, Justice Derrington refuted this viewpoint.
The insurers also pointed out that Baralaba Coal Company had signed a “form of release” related to the initial payout in June 2020, which they interpreted as absolving them from any subsequent liability from the storm and the collapse.
Justice Derrington countered, stating, “The context surrounding the creation and signing of the document indicates it was meant to settle the amount payable related to the storm damage from March 12, 2019. There’s no reason to believe it also covered the October 27, 2019, collapse.”
The court ruled that the insurers must cover the additional damages and the mine’s legal expenses. For a detailed understanding, you can access the ruling here.
Original article source: Insurance News Magazine.
Published:Tuesday, 25th Jun 2024
Source: Paige Estritori
Share this news item:
| Australian Insurers See Profit Surge in Q3 2025 14 Jan 2026: Paige Estritori In the third quarter of 2025, Australian general insurers reported a significant after-tax profit of nearly AUD 2.3 billion, marking an increase from approximately AUD 2.1 billion in the same period of 2024. This uptick reflects a combination of rising premium revenues and a reduction in claims, contributing to the industry's robust financial performance. - read more |
| Navigating the Escalating Insurance Risks for Australian Businesses 14 Jan 2026: Paige Estritori Australian businesses are currently navigating a complex landscape of escalating insurance risks, influenced by factors such as increased litigation, technological advancements, supply chain disruptions, and climate-related events. These challenges necessitate a proactive approach to risk management and insurance coverage. - read more |
| Positive Shifts in Australia's D&O Insurance Market in 2025 14 Jan 2026: Paige Estritori The directors and officers' (D&O) insurance market in Australia has experienced a positive shift in 2025, offering more opportunities for well-managed businesses to protect their boards and senior managers. This development is largely driven by increased competition, particularly from offshore insurance markets, prompting Australian insurers to reassess their risk rating criteria to remain competitive. - read more |
| Suncorp Group Divests Banking Operations to ANZ 14 Jan 2026: Paige Estritori Suncorp Group has successfully completed the sale of its banking arm, Suncorp Bank, to the Australia and New Zealand Banking Group (ANZ). This strategic move, finalized on 31 July 2024, follows approvals from the Australian Competition Tribunal and the Federal Treasurer, marking a significant transformation in Suncorp's business model. - read more |
| Estate Planning and Insurance: Safeguarding Your Legacy in Australia Estate planning is a critical process often overlooked, yet it serves as the cornerstone of ensuring that your legacy is protected and seamlessly passed on to your loved ones. It's about securing your financial future and guaranteeing that the assets you've toiled to amass are distributed according to your wishes. In the intricate world of asset protection and family security, being well-informed can make all the difference. - read more
|
| Deciphering Your Policy: A Beginner's Guide to Insurance Terminology Welcome to the world of insurance – a domain where words like 'deductible' and 'premium' can significantly impact your financial protection and peace of mind. As a beginner, grasping the basics of insurance terminology is the first step towards making informed decisions about the policies that safeguard your assets and future. In this guide, we will embark on a journey through the language of insurance, which can often seem as complex as the policies themselves. - read more
|
| Life Insurance and Estate Planning: What You Need to Know Life insurance and estate planning are critical components of financial security. They ensure that your loved ones are protected financially when you are no longer around. By understanding these tools, you can take significant steps to secure your family's future. - read more
|
| The Role of Rehabilitation Benefits in Income Protection Insurance When the unexpected strikes, such as an illness or injury hindering our ability to earn a living, the financial repercussions can be devastating. This is where income protection insurance becomes a pivotal part of our financial safety net, ensuring a stream of income during challenging times. Income protection insurance is specifically designed to replace a significant portion of your salary if you're unable to work due to medical reasons, providing peace of mind and financial stability when you need it most. - read more
|
A type of insurance that provides protection against claims resulting from injuries and damage to people and/or property.