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.
Fresh industry attention on insurance affordability in northern Australia has reinforced a message many strata communities already understand: premium relief is not delivered by a single reform, even where government-backed risk sharing is in place. For apartment buildings, townhouse complexes and mixed-use strata schemes exposed to cyclone, storm surge, flood or severe rainfall, insurers are still looking closely at the physical characteristics of each building before deciding price, excesses and available cover. - read more
The agenda for the 2026 AFR Insurance Summit points to an insurance sector that is increasingly focused on affordability, technology, trust and operational resilience. While much of the summit is framed around the broader insurance market, the themes are highly relevant for employers, CFOs and directors reviewing corporate life insurance, group salary continuance, key person cover and executive protection arrangements. - read more
Fresh complaint trends across the Australian insurance market are another reminder that the real test of any policy often comes after something has gone wrong. While many disputes involve household cover, the same pressure points can affect tradies who rely on tools, vehicles, plant, public liability cover and income protection to keep work moving. - read more
The review of Australia’s Life Insurance Code of Practice has moved from a broad governance discussion into a more practical question for households: what should good insurer behaviour look like when people apply for cover, update a policy or make a claim? - read more
Australia’s financial advice reform agenda has moved from broad policy debate into the more practical question of how advice will be delivered, documented and accessed. For business owners, this matters because life insurance decisions are rarely isolated personal choices. They often intersect with debt facilities, director guarantees, shareholder agreements, succession plans and family wealth protection. - read more
Shareholder agreements lay the cornerstone for stable business relationships and continuity in Australia. Acting as a contract among business owners, these agreements set forth the expectations, rights, and obligations of all parties involved. They are particularly vital in delineating clear paths for dispute resolution, succession planning, and the transfer of ownership shares under varied circumstances, including the untimely death or departure of a shareholder. - read more
Trauma insurance, also known as critical illness insurance, is a type of coverage that provides a lump sum payment in the event that the insured suffers from a critical illness or injury. Unlike health insurance, which covers medical expenses, trauma insurance is designed to provide financial protection by helping to cover the additional costs associated with recovery from a severe illness or injury. - read more
A life insurance claim usually involves notifying the insurer, confirming the policy and beneficiaries, providing evidence such as a death certificate or medical information, and waiting for the insurer or super fund trustee to assess the claim. - read more
Life insurance is a financial product that provides a lump sum payment to your beneficiaries in the event of your death. It is designed to offer financial security by covering debts, daily living expenses, and future financial obligations. - read more
Financial security for families is an essential consideration in any household. Life can be unpredictable, and ensuring that your loved ones are protected from financial hardship in your absence is a critical part of financial planning. - read more
Knowledgebase
Claim Adjuster: An insurance professional who investigates and evaluates insurance claims to determine the amount the insurance company should pay.
No comments yet. Be the first to share your thoughts.