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:
| Surge in Mental Health Claims Reshapes Australia's Life Insurance Landscape 26 Jan 2026: Paige Estritori Australia's life insurance sector is witnessing a significant transformation, with mental health conditions emerging as the predominant cause of Total and Permanent Disability (TPD) claims. Recent data from the Council of Australian Life Insurers (CALI) indicates that mental health-related TPD claims now constitute nearly one-third of all such claims, highlighting a profound shift in the factors leading Australians to exit the workforce permanently. - read more |
| Australian Life Insurers Report Significant Profit Growth in FY25 26 Jan 2026: Paige Estritori The Australian life insurance industry has reported a remarkable financial turnaround in the fiscal year 2025, with earnings more than doubling to $360 million, according to the latest figures from the Australian Prudential Regulation Authority (APRA). This 210% increase in profit after income tax marks a significant recovery from previous years' losses and underscores the sector's resilience and adaptability. - read more |
| Australia's General Insurance Industry Achieves Record $6.1 Billion Profit in 2024 26 Jan 2026: Paige Estritori Australia's general insurance sector has reported an unprecedented after-tax profit of $6.1 billion for the year 2024, according to KPMG's General Insurance Insights report. This figure is three times higher than the five-year average of $2 billion, marking a significant milestone in the industry's financial performance. - read more |
| Australian Insurers' $6.1 Billion Profit Sparks Affordability Concerns 26 Jan 2026: Paige Estritori In 2024, Australia's insurance industry reported an after-tax profit of $6.1 billion, a significant increase from the five-year average of $2 billion. This surge in profitability is attributed to substantial premium hikes and a year with fewer severe weather events. - read more |
| Smart Strategies to Lower Your Health Insurance Premiums In today's rapidly changing health insurance landscape in Australia, keeping track of costs and coverage can be daunting. Many Australians find themselves grappling with high premiums that seem to increase year after year. - read more
|
| How to Compare Income Protection Policies When You Have a Medical History In today's ever-changing world, financial security is a cornerstone of peace of mind, particularly for Australians grappling with medical histories. Income protection insurance emerges as a pivotal solution, safeguarding not only the individual’s fiscal health but the well-being of their dependents. This introduction explores the nuances of income protection insurance and its particular significance for those with pre-existing medical conditions. - read more
|
| How Much Life Insurance Do You Truly Need? Assessing Your Personal Coverage There's often confusion surrounding the amount of life insurance one truly needs. Common misconceptions cloud our judgment, leading some to undervalue their coverage, while others may overinsure, unnecessarily straining their financial resources. It is a delicate balance to strike, and understanding the nuances of life insurance is pivotal to making informed decisions. - read more
|
| Starting Out: How to Pick the Right Insurance As a Young Professional in Australia Welcome to the journey of safeguarding your future! As a young professional in Australia, you're likely juggling the demands of a burgeoning career with personal goals and financial responsibilities. Navigating the world of insurance is critical in creating a safety net around these aspirations. But why exactly is insurance a cornerstone for those entering the professional realm, and how do you discern which coverage best aligns with your unique pathway? - read more
|
A type of insurance protection that pays a portion of a person's income lost due to a total or partial disablement arising from either an accident or a sickness.