The Good!
A concrete pumper had his machine certified by a competent person as per the current 6 yearly requirements of the Australian Standard AS 2550.15. The concrete pumper then put the machine back to service. Shortly after going back to work, one of the outriggers failed whilst in operation due to an identified crack in one of the welds in an outrigger arm. The machine subsequently falls over causing damage to the machine, as well as causing damage to third party property which was located nearby. In this circumstance the insurer verified the machine was certified and that the definition of damage under the insurance policy had triggered the policy. The insurer immediately paid for the full repair of the damaged machine.
After prioritising the repair to the damaged vehicle and helping the concrete pumper to get back to work, the insurance company proceeded with subrogation action back against the at fault competent person who inspected and certified the concrete pump and successfully recovered the cost of repairs. This is an important component to the claim, because it allowed the insurance company to delete the claim from the concrete pumpers loss history, even though the claim was settled.
Finally, the insurance company was able to deflect all liability from the concrete pumping business, to the insurer of the competent person, as the concrete pumper was not deemed negligent.
The Uninsured..
A concrete pumper had a concrete pump that was over 12 years old and the machine had undergone minimal maintenance, with no certified inspection by a competent person consistent with the requirements of AS 2550.15 or inspection history of the machine. One day an outrigger failed during a routine job, due to a failed weld in an outrigger. As the machine toppled over, causing significant damage to the machine, it also struck one of the employees causing them significant bodily injuries.
In this circumstance the insurance company declined the insurance claim in full. The concrete pumper had not maintained the machine and it hadn’t been certified in accordance with current Australian Standards AS 2550.15 and Manufacturers recommendations. Unfortunately, prosecution by the State WorkCover Authority ensued and the concrete pumper did not have Liability cover that would have otherwise triggered for third party property damage.
Regrettably this concrete pumping business went into liquidation and no longer trades.
Important – Insurance terms and conditions will differ between insurance policies and insurance companies; you should always read a product disclosure statement (PDS) before making any decisions.
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