Summary
The Claimant sought to recover ongoing hire charges and the cost of a replacement vehicle from the Insured, following the implosion of their milk tanker. It was alleged that the Insured had failed to ensure the tanker vents were open during the cleaning process, causing the alleged implosion. The Claimant’s allegations were deemed to be baseless following our investigation.
Factual Findings
The Insured, a producer of dairy products, regularly received deliveries of milk, via tankers, direct from various dairy farms. The Claimant was a haulage company contracted to transport the milk from said farms to the Insured’s premises.
Following the unloading of the milk tanker at their premises, our enquiries identified that an employee of the Insured undertook a visual inspection of the tanker to ensure that all vents were open. Once this was confirmed, steam was then released into the tanker to loosen any remaining milk as part of the cleaning process. Unfortunately, on this occasion, when the steam was released the tanker imploded.
Completion of the Insured’s vent inspections were recorded on a check sheet, such that we could demonstrate that they had fulfilled their duties. Further investigations determined that the Claimant had failed to maintain the vents, such that they were blocked by debris. This prevented the steam from escaping, causing the subsequent implosion.
The blockages within the vents would not have been apparent to the Insured upon a reasonable inspection of the external aspects of the tanker, this being the extent of their responsibility.
Outcome
Our detailed investigation allowed us to identify the actual cause of the implosion, and secure documentation to support a denial.
The claim was successfully avoided, with it being accepted the implosion was caused by the Claimant’s negligence, as opposed to that of the Insured as alleged.
Speak with us for more information or to arrange a claims defensibility survey for your business.