Heat Claims Denied: Insurer Cites 'Oven Effect' in Container Dispute
Heat Claims Denied: Insurer Cites 'Oven Effect' in Container Dispute
5
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
A local business operator suffering significant heat damage to pool covers stored within shipping containers has experienced a setback, as a recent ruling favored the insurer's interpretation of their policy terms.
The implications of this decision represent a crucial discussion point for businesses storing items prone to temperature sensitivity.
Earlier this year, the business owner observed deformation and melting of the pool covers, which transpired shortly after the containers were relocated from the business factory to an outdoor yard. Duration matters here, as they remained positioned in the open for several weeks, during which extreme heat took its toll.
Hollard Insurance identified heat as the culprit and argued that an "oven effect" raised the internal temperature of these enclosed containers to as much as 50-60 degrees Celsius in warm conditions. According to the Bureau of Meteorology, the business location had multiple days exceeding 27 degrees Celsius, hinting at significant exterior influence.
Supporting the insurer's stance, the pool cover supplier acknowledged that the type of damage incurred typically aligns with temperature fluctuations, thereby highlighting an overlooked vulnerability in container storage without adequate temperature control.
The exemption referenced by Hollard centers on excluding coverage where loss occurs due to "variation in temperature." Insistently, the claimant outlined that these variances were consequential to the containers being stationed outdoors, not due to ambient temperature destabilization at any given point.
The business owner contended that proper ventilation was in place, enhancing his argument that the incident was an accidental anomaly. Nonetheless, the Australian Financial Complaints Authority concluded, through evidence, the heart of the issue was indeed temperature variation-induced damage.
In the words of the ruling's ombudsman, “In this case, the pool covers were exposed to variations in temperature when the shipping containers were moved from the factory to the yard, and when they were subjected to variations in the external temperature.” This commentary PM underscores a foreseeable yet underestimated hazard of transferring goods without accounting for temperature shifts.
Further elaborating, they stated that, “These variations include an increase in temperature sufficient to cause damage to the covers. I also acknowledge the complainant says the shipping containers were ventilated. But the ... shipping containers had clearly increased to a high enough temperature to cause the damage, regardless of whether they were ventilated or not.”
This outcome emerges from critical interpretation of insurance policy exclusions, leading to Hollard's rightful denial of the claim. The exhibitive concordance among influencer feedback and data from sources such as the Bureau and product suppliers reiterates a nuanced understanding in managing similar risks in the future.
Original source: Insurance News.
Published:Thursday, 5th Dec 2024 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
CHU, Australia's leading strata insurance underwriting agency, has significantly increased its capacity to underwrite individual strata risks, now offering coverage up to $690 million. This substantial rise from the previous limit of $300 million is a strategic response to the evolving landscape of strata developments, which are becoming larger and more complex. - read more
The Insurance Council of Australia (ICA) has called for significant reforms to Victoria's strata legislation, citing a direct link between inadequate governance and escalating insurance premiums for residents. With approximately one in five Victorians living in strata-titled properties, the need for effective management and oversight has become increasingly critical. - read more
The Australian construction insurance market has experienced a notable shift in 2025, with premiums decreasing across various lines due to intensified competition among insurers. According to Marsh's Construction Insurance Market Update 2025, the first half of the year saw average premium reductions ranging from 5% to 15%, marking a significant departure from the upward trend observed in 2024. - read more
Australia's construction sector continues to grapple with elevated cost pressures, prompting builders to reassess their insurance and risk management strategies. Gallagher reports that overall construction costs have increased by over 30%, influenced by supply chain disruptions, inflation, and labour shortages. - read more
The South Australian Government has taken decisive action to bolster homeowner protection in response to a surge in builder insolvencies. Effective from 1 October 2025, the maximum insurance payout for homeowners will increase from $150,000 to $250,000. This measure aims to provide greater financial security to homeowners left with incomplete or defective properties due to builder failures. - read more
Income protection insurance is a safeguard that provides individuals with financial stability in the event they are unable to work due to illness or injury. This type of insurance typically replaces a significant percentage of the insured's income, ensuring that their financial commitments can still be met during periods when they cannot earn an income through employment. - read more
Financial security is a cornerstone of peace of mind, particularly when life is known for its unpredictability. This introductory section sheds light on the vital nature of income protection insurance and its role in safeguarding Australians' financial well-being. Ensuring continual financial inflow during times of illness or injury not only offers stability but also protects one's standard of living. - read more
Financial protection is an essential aspect of sound financial planning. It ensures that you and your family are safeguarded against unexpected events that could lead to financial hardship. Two common types of financial protection are income protection insurance and life insurance. - read more
In today's dynamic gig economy, freelancers and contractors are an essential part of Australia's workforce. Choosing flexibility and autonomy over traditional roles, these professionals enjoy the freedom to manage their schedules and select projects that align closely with their interests. However, this lifestyle brings unique challenges, especially regarding financial security. - read more
Financial security is crucial in today's unpredictable world, where unexpected events can disrupt the stability and comfort of our daily lives. For Australians, protecting one's income and lifestyle from unforeseen circumstances is a key component of personal finance. - read more
Knowledgebase
Grace Period: A time period after the premium is due during which an insurance policy remains in force even if the premium has not yet been paid.
