Quake Damage Claims Dismissed Over Previous Faults
Quake Damage Claims Dismissed Over Previous Faults
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.
Two farmhouses seeking insurance payouts for earthquake damage have had their claims denied, following a decision highlighting the role of pre-existing issues.
The company behind the claim stated that the properties were impacted by a 5.4-magnitude earthquake that occurred in November 2018. Although the earthquake's epicenter was approximately 45 kilometers away from the buildings, Geoscience Australia specified the evident damage radius to be no more than 27 kilometers from the epicenter.
In their defense, the claimant's engineering expert conceded that the buildings were situated outside the primary damage zone but contended that the earthquake’s vibrations had unleashed energy beneath the geological formations on which the houses stood.
The expert identified "preexisting or dormant conditions" in the properties, including previously repaired damage which, according to him, reopened due to ground movement prompted by the quake, also leading to the manifestation of new fractures.
Meanwhile, Allianz, the insurance provider, enlisted a forensic civil and structural engineer who assessed the damages. His findings revealed brickwork fissures in multiple sections of one property, referred to as House H, and evident cracks within the garage of the second property, termed House P, in addition to a separation between a storeroom and the home.
The engineer hired by Allianz attributed the damage to prolonged foundation instability and deterioration of the mortar used in the brickwork, rather than to the seismic event.
The Australian Financial Complaints Authority (AFCA) upheld the insurer’s position, noting that both engineers corroborated the presence of damage similar to what was being contested even before the 2018 earthquake, specifically in House H.
AFCA further mentioned that updates made to certain rooms within the house remained unaffected, while external brickwork conditions pointed towards significant wear and tear, contributing to the losses. Comparable remarks were also made in regard to House P.
"While both experts agree it is conceivable for House H to incur earthquake-related damage under ideal conditions despite its location outside the designated impact radius, the insurer's expert refuted the existence of such conditions in this case," stated the adjudicator from AFCA.
"Even if the earthquake were recognized as being a proximate cause of the damage to House H, it would coexist with other excluded factors (wear and tear, prolonged structural movement)."
"Consequently, the insurer maintains the right to invoke those exclusions as a basis for denying the claim," AFCA concluded.
Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.
A fresh review of Australia’s cyclone reinsurance pool has put northern strata insurance affordability back in focus, particularly for apartment buildings and mixed-use schemes exposed to cyclone, flood and storm surge risk. The pool was designed to improve insurer capacity and ease premium pressure in cyclone-prone regions, but the latest discussion suggests that outcomes are still uneven for complex strata properties. - read more
A renewed industry push to reduce or remove state-based insurance taxes has put affordability back in the spotlight for Australian small businesses. For domestic and home service operators, the issue is practical rather than political: when premiums rise, it becomes harder to maintain the cover needed to work safely in clients’ homes, meet contract requirements and protect tools, vehicles and income. - read more
Australia’s financial complaints landscape is sending a clear message to insurance customers: the moment to understand a policy is before something goes wrong. Recent Australian Financial Complaints Authority data shows complaint volumes remain historically high across financial services, with insurance disputes continuing to form a significant part of the workload. - read more
The public consultation period for the redrafted General Insurance Code of Practice has now passed, moving Australia’s insurance sector into the next stage of review and refinement. For personal trainers, fitness instructors and small studio operators, this is not a technical issue reserved for insurers. It is a practical reminder that the way claims are handled can be just as important as the cover purchased in the first place. - read more
The latest stage in Australia’s financial advice reform agenda has put a practical question back in front of the life insurance sector: how can people get timely, affordable help before they buy, change or cancel cover? The reforms are intended to make simpler forms of guidance easier to provide, while keeping consumer protections in place for decisions that can affect a family’s financial resilience for decades. - read more
Navigating the complex world of insurance can often feel daunting, but understanding the importance of life stage consideration when choosing life insurance is essential. As we journey through the various chapters of our lives, our financial responsibilities, dependents, and personal circumstances evolve. These changes invariably have significant implications for our insurance needs. - read more
Single parenting brings with it a mosaic of responsibilities and challenges, not least of which is securing a stable financial future for your child. The rollercoaster of raising a child alone often means that planning for the future can take a back seat to the day-to-day demands of parenting. Unexpected illnesses and injuries can compound these challenges, causing stress to multiply and plans to go awry. - read more
Life insurance serves as a crucial safety net, guarding your loved ones against the unforeseen. Just as you would take care of your health through regular check-ups, it is equally important to ensure that your life insurance policy remains in sound condition to provide the necessary protection. - read more
Life insurance is an essential financial protection that provides peace of mind to policyholders and their loved ones. The premiums you pay are determined by various factors, including age, health, lifestyle, and occupation. - read more
Life insurance is a critical component of a sound financial plan. It provides financial security and peace of mind to you and your loved ones, ensuring that they are taken care of in the event of your untimely death. - read more
Knowledgebase
Insurance Policy Excess: The amount you will have to contribute when you make a claim.
No comments yet. Be the first to share your thoughts.