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:
| Queensland Strata Owners: Act Now to Lower Your Insurance Premiums 05 Dec 2025: Paige Estritori Strata property owners in North and Central Queensland are being urged to take advantage of new federal and state initiatives designed to reduce insurance premiums and enhance cyclone resilience. These programs provide financial incentives for property upgrades that can lead to significant savings on insurance costs. - read more |
| Strata Living in Australia: A $1.4 Trillion Market and Growing 05 Dec 2025: Paige Estritori The insured value of strata properties in Australia has reached an estimated $1.4 trillion, underscoring the growing significance of strata living in the nation's housing landscape. This substantial valuation reflects the increasing number of Australians choosing strata-titled properties as their preferred mode of residence. - read more |
| CHU's 2025 Report: Strata Insurance Premiums Remain Stable Amidst Industry Shifts 05 Dec 2025: Paige Estritori CHU, Australia's largest strata insurance underwriting agency, has released its 2025 State of the Strata Market report, providing a comprehensive analysis of the current state of the industry. The report offers valuable insights into premium movements, the impact of weather events, regulatory developments, and emerging risks affecting strata insurance. - read more |
| Surge in Mental Health Claims Reshapes Australia's Insurance Landscape 02 Dec 2025: Paige Estritori Australia's insurance industry is experiencing a significant shift as mental health conditions have become the leading cause of total and permanent disability (TPD) claims. Recent data from the Council of Australian Life Insurers (CALI) indicates that mental health issues now account for nearly one-third of all TPD claims, marking a substantial change in the industry's claim patterns. - read more |
| Top 5 Financial Tips for Australian Young Families Starting a family is one of life's most rewarding experiences, but it also comes with a unique set of financial challenges. For young families in Australia, where the cost of living can rise quickly, having a solid financial plan is crucial. Financial planning is not just about managing money; it's about creating a sense of security and peace of mind for your loved ones. - read more
|
| The Importance of Disability Income Protection Programs for Cafe Owners Running a cafe is more than just a business; it’s a passion for many. However, for cafe owners, the risk of an injury or illness that could interrupt their ability to work is a genuine concern. Disability income protection is crucial as it provides financial security if you're unable to earn an income due to health issues. - read more
|
| Top Insurance Policies Every Working Adult Should Consider Insurance is an essential component of achieving financial stability. In life, unexpected events such as illnesses or accidents can pose serious financial challenges. Without adequate preparation, these can disrupt your finances significantly, making recovery even more complicated. This is where the crucial role of insurance becomes apparent. - read more
|
| How to Determine the Right Income Protection Coverage for Your Needs Income protection insurance is a type of coverage designed to replace a portion of your income if you're unable to work due to illness or injury. - read more
|
That part of an insurance claim that must be paid by an insured person before the the balance is paid by the insurer.