Mitchell Starc is seeking an $1.1 million (Australian $ 1.53 mn) compensation from his insurer for missing out the Indian Premier League (IPL) 2018 due to an injury. The Australian fast bowler has initiated legal action against the insurance company.
Starc is forced to miss the IPL 2019 after he was injured during the Test series against South Africa last year.
The 29-year-old seamer has reportedly filed a lawsuit in the Victorian County Court last week against the insurance company for having failed to benefit from his deal with the IPL franchisee Kolkata Knight Riders due to the injury.
The left-arm quick was one of the most sought-after Australian players at the 2018 IPL auction when he was snapped up for $1.3 million (₹ 9.4 crore). However, he was ruled out of the entire IPL 2018 due to the injury sustained in South Africa in the series marred by the “sandpaper gate” ball-tampering controversy.
According to court documents, Starc had taken an insurance cover worth A$1.53 million ($1.1 mn) to protect his IPL revenue. Starc, represented by Mills Oakley lawyers, is suing a syndicate of Lloyd’s of London, the long-running insurance market where coverage can be bought for unique circumstances that traditional insurers don’t insure against, New Zealand based sports website stuff.co has reported.
The writ states Starc paid a premium of A$97,920 ($70,000) to be covered between February 27 and March 31, 2018, when the tournament ended. On March 10, Starc claims he started feeling pain in his right calf while bowling during the second Test in Port Elizabeth.
The injury was a result of bowling on uneven footmarks on a worn pitch, Starc claims in the petition. “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,” the writ said.
“Ultimately, the injury resulted in the plaintiff missing the final test match of the tour and him being listed by the Australian Cricketers Association and Cricket Australia as injured by reason of tibial bone stress. The injury that the plaintiff suffered was a grade three tibial injury which involved a fracture in his right tibial bone.”
It is understood Starc was put through a full medical by the insurers and that a number of exclusions were included in the contract for old injuries. The tour started well for Starc, with figures of 9-109 in the first Test, however he struggled after that, taking only three more wickets. “The parties have exchanged correspondence about the plaintiff’s claim which culminated in a final response from the defendant’s representative in the form of an email sent on 22 November, 2018,” the writ said.
“That email confirmed the defendant’s contention that the plaintiff is not entitled to the total disablement benefit.”
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