Local Business Triumphs Over Insurer in Power Outage Dispute

3

The wrangle ensued after the butcher, located in Ballina, NSW, suffered power loss during the notorious Northern Rivers floods in early March 2022. This critical blackout resulted in the spoilage of the business's refrigerated stock and cessation of operations.

QBE, the insurance company involved, assigned blame to the torrential flood, fortifying its stance with a hydrologist's account deeming the blackout as a probable ramification of the floods. The narrative was apparently supported by a communication from the electricity provider EE, which highlighted interruptions due to the dire flooding and consequential severe damages to the grid infrastructure.

Challenging this assertion, the aggrieved butcher presented an alternative sequence of events, highlighting an intentional power shutdown orchestrated by EE to maintain civic safety in anticipation of the floods, a singular detail casting doubt on the direct correlation between floodwater and power loss.

This perspective is endorsed by an assessment from the Australian Financial Complaints Authority, casting ambiguity on the initial claims of the energy deficit’s timing and contesting the clear association with the flood event. It recognized that the local network's 'de-energizing' aligned with numerous protective activities spanning from damage assessment to essential community safety precautions.

Moreover, the hydrologist’s conjecture, although initially an aspect of QBE's argument, lacked conviction and specificity. No electrical inquiry was conducted, thus adulterating the assertion that flood-induced blackout was the unequivocal cause of the outage.

In a backdrop of dynamic interpretations, EE’s contemporary accounts marginally united with the insurer's diagnosis but delivered granular details attributing to a more comprehensive, and less flood-focused, synopsis of proceedings.

Debates also kindled around QBE’s assertion over the content benefit of the insurance policy, which covered physical loss or damage but not the 'consequential loss' due to it, suggesting that additional coverage was mandatory to protect against knock-on effects. QBE's stance was that the refrigeration stock damage fell into the latter category. However, the butcher's contention, fortified by the authoritative panel, avers that there was no substantive basis for separating the stock from the core property within the context of this claim.

Concluding the dispute, the authority panel exposed inadequacies in the insurance company’s rationalizations. They reprimanded QBE’s failure to thoroughly elucidate its defense and vehemently supported the butcher's position that the spoilt inventory was indeed covered as direct physical loss. The claim, they decreed, was firmly nestled within the innate protective spectrum of the insurance policy's provisions.

Published:Thursday, 29th Feb 2024
Source: Paige Estritori

Share this news item:

Insurance News

Clear

National Climate Risk Assessment Unveils Growing Insurance Challenges

17 Sep 2025: Paige Estritori

The Australian government has unveiled its inaugural National Climate Risk Assessment alongside a comprehensive National Adaptation Plan, highlighting the heightened impact of natural disasters on insurance accessibility across the nation. With an urgent call to action, the government acknowledges the impending climate threats and commits to intensifying efforts towards emission reduction. - read more

ASIC Extends Relief on Distribution Rules for Insurance Providers

16 Sep 2025: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has announced an extension of the exemption allowing general insurance providers to forego appointing product distributors as authorised representatives. This decision comes with the introduction of a new legislative instrument, 2025/520, which renews the previous framework, originally established under instrument 2015/682. The relief will now continue until August 27, 2030. - read more

Cyber Insurance Becomes Essential Amid Rising Digital Threats

12 Sep 2025: Paige Estritori

The recent cyberattack on Fortnum Private Wealth, accompanied by ASIC's legal action, has spotlighted the critical risks cyber threats pose to financial advice companies in Australia. With digital integration intensifying across the finance sector, the owner of Fortnum, Entireti, plans to defend the case, underscoring the necessity for ongoing vigilance in cybersecurity measures. - read more

Swiss Re Foresees Rising Premiums Amid Increasing Global Risks

10 Sep 2025: Paige Estritori

In a comprehensive analysis, Swiss Re Institute predicts that global property and casualty insurance premiums will rise in tandem with GDP over the upcoming decade. This growth is driven by amplified natural catastrophe losses, asset accumulation, and heightened economic and litigation claims inflation. The institute's report outlines the evolving insurance landscape amid increasing global risks. - read more

Insurance Council of Australia Assists NSW Flood Claimants

09 Sep 2025: Paige Estritori

In response to the devastating floods that swept across New South Wales' Mid North Coast in May, the Insurance Council of Australia (ICA) is taking proactive steps to support the affected residents. Insurers, organised by the ICA, will be meeting with flood victims in Kempsey, Taree, and Port Macquarie to provide guidance and support as they navigate their insurance claims. - read more

Ombudsman Upholds Policyholder’s Claim Despite Fraud Allegations

08 Sep 2025: Paige Estritori

A motor insurance policyholder has won a significant dispute over fraud allegations, with the industry ombudsman ruling in favour of a payout following a controversial car accident claim. The case revolved around an incident where the claimant's wife crashed at an intersection one evening, reportedly failing to yield. The lack of photographic evidence due to shock and subsequent involvement of towing services complicated matters. - read more

Click for more Insurance News