Home / Local / Lloyd’s fights total disablement claim by fast bowler Starc
16 September 2019
Lloyd’s has rejected a claim by Australian fast bowler Mitchell Starc for $1.5 million under a total disablement policy issued by one of its syndicates, denying the cricketer suffered a fracture of his right tibial bone and saying his injury does not meet the policy requirements for payment.
A three-day civil trial on the matter is listed to begin in the County Court of Victoria on March 30 next year.
Mr Starc, 29, is suing Lloyd’s after he missed the lucrative Indian Premier League (IPL) season last year due to injury. He is seeking $1.51 million, plus interest to the date of judgement.
Court documents prepared by Mr Starc’s lawyers Mills Oakley state the period of coverage began on 27 February 2018 and ended on 31 May 2018. Mr Starc paid a premium of $97,920.
“The defendant denies that the plaintiff is entitled to the relief sought or any relief at all," a County Court of Victoria document filed in May by Clyde and Co on behalf of Lloyd’s says.
Mr Starc did not "meet the policy requirements for payment of the total disablement benefit” because he had not "suffered total disablement as a result of a bodily injury as defined by the policy contract,” the document says.
A counter missive on behalf of the bowler states Mr Starc was contracted to play in the April and May 2018 Indian Premier League for the Kolkata Knight Riders cricket team, and the insurance contract was triggered when Mr Starc missed IPL play through injury.
Mr Starc was secured for $1.8 million in the 2018 IPL auction, according to Fairfax Media (now Nine), but did not play after he fractured his right shinbone.
His writ states that on March 10 2018, Mr Starc suffered a leg injury while playing in Port Elizabeth, South Africa.
“While bowling on uneven footmarks on a worn wicket, the plaintiff suffered a sudden onset of pain in his right calf. The pain worsened over the next few bowling sessions and during the next Test match. Ultimately, the injury resulted in the plaintiff missing the final Test match of the tour,” the writ states.
That meant Mr Starc was unable to play any of the matches he was contracted to play for the Kolkata Knight Riders during the 2018 season, Mills Oakley argue.