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:
| WFI Insurance's $250,000 Donation Supports Flood-Affected Queensland Farmers 30 Nov 2025: Paige Estritori In response to the catastrophic flooding that has devastated parts of western Queensland, WFI Insurance has stepped forward with a substantial donation of $250,000 to Rural Aid. This contribution is aimed at bolstering relief efforts for farming communities grappling with the aftermath of the region's most severe floods in half a century. - read more |
| AFCA Supports Significant Home Insurance Premium Increase Based on Updated Flood Risk Assessment 30 Nov 2025: Paige Estritori The Australian Financial Complaints Authority (AFCA) has recently upheld a substantial increase in home insurance premiums for a property, attributing the rise to updated assessments of flood risk. This decision underscores the critical role of accurate risk evaluation in determining insurance costs and the necessity for property owners to stay informed about potential changes in their risk profiles. - read more |
| Envest Group's TLI Underwriting: A New Era for Large Truck Fleet Insurance 30 Nov 2025: Paige Estritori Envest Group, a prominent player in the insurance industry, has announced the launch of TLI Underwriting, a new heavy motor agency set to commence operations at the end of this month. TLI Underwriting will function as an authorised representative of Envest's heavy motor specialist underwriter, ATL Insurance Group. - read more |
| AFCA's Decision Highlights Importance of Accurate Insurance Declarations 30 Nov 2025: Paige Estritori The Australian Financial Complaints Authority (AFCA) has recently ruled against a trucking company that misrepresented its insurance history and operational details when obtaining a policy from NTI. This decision underscores the critical importance of providing accurate information during the insurance application process. - read more |
| Understanding the Process: A Beginner's Guide to Income Insurance Claims Income insurance, an often-overlooked component of financial security, is gaining traction among Australia's burgeoning self-employed population. In an economy where traditional employment is no longer the sole path to success, this form of insurance has become a cornerstone for proactive financial planning. Touted as a safety net, it ensures that personal livelihoods and business operations remain secure in the face of adversity. - read more
|
| Income Insurance Calculators: A User-Friendly Tool for Adequate Coverage Income insurance, also known as income protection insurance, is a type of policy designed to provide support in the event that you are unable to work due to illness or injury. In today's uncertain economic climate, securing your income is more critical than ever. It acts as a financial safety net, ensuring that you can continue to meet your living expenses without depleting your savings or facing severe financial hardship. - read more
|
| Understanding Life Insurance: How to Get the Best Online Quotes The digital age has fundamentally transformed how we approach almost every aspect of our lives, including the way we shop for life insurance in Australia. Gone are the days when one had to schedule meetings with insurance agents or flip through pamphlets to understand life insurance policies. Today, obtaining life insurance quotes online has become the norm, offering a hassle-free and incredibly accessible platform for individuals to safeguard their financial future. - read more
|
| Income Protection Insurance vs. Total Permanent Disability: What’s the Difference? When life throws unexpected challenges your way, being financially prepared can make all the difference. This is where Income Protection Insurance and Total Permanent Disability (TPD) Insurance come into play. These two types of insurance provide a crucial safety net, ensuring that you and your family remain financially stable even when you're unable to work due to illness or injury. - read more
|
The maximum amount an insurer will pay for all covered losses during a policy period.