QLD Obligations of an Insurance Company under Insurance Law?

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Kurt Mitchell

16 September 2015
Hi, my question is, does an insurance company have a legal obligation under Insurance Law to notify its insured about a serious product safety issue that had been identified by their assessor? In this case, the insurance company also insures the manufacturer of the product and did not notify us (the insured) about the health and safety concerns and recommendations that the insurance assessor made after inspecting the first failed unit.

We thought that the product had failed through operator error and impact, however the insurance assessor was certain that there had been no impact and that the damage was purely a result of fatigue. This situation left us and innocent members of the general public exposed to the serious life threatening possibilty of the product failing a second time,, whereby 10 days later, after the insurance company were made aware of the potential danger, we had 2 more units fail simultaneously. Luckily nobody was injured, but we are now fairly furious after discovering that our insurance company could have prevented these 2nd and 3rd failings if they had warned us or acted on the assessors preliminary report.

So my question is, has the insurance company breached any legal obligations requiring them to cease our operation until they could arrange another assessor or professional to examine the remaining units in our fleet for possible signs of fatigue failure to prevent a repeat of the first failure?

Any help on this topic would be very much appreciated.

Surely any other insurance company would have alerted us to cease operations .. I understand that they did not have to disclose the details in the insurance assessors report,, but they didn't necessarily have to .. We would have been grateful for that information, but believe that they should have done something to prevent what happened from reoccurring ..