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.
The Australian Medical Association (AMA) has intensified its call for comprehensive reforms in the private health insurance sector, particularly in response to the recent 4.41% average premium increase effective from April 2026. This hike, the largest in nearly a decade, has raised concerns about the affordability and value of private health coverage for Australians. - read more
The Australian government has introduced legislation to prohibit the practice known as 'product phoenixing' within the private health insurance sector. This move aims to enhance transparency and fairness for consumers by preventing insurers from closing existing policies and reintroducing nearly identical ones at higher premiums. - read more
HCF, Australia's largest not-for-profit health fund, has announced the extension of its major partnership with Netball Australia and Super Netball, continuing as the sport's official health insurance partner through to the end of 2027. This renewal underscores HCF's dedication to improving the health and wellbeing of Australian women by supporting netball at all levels-from grassroots participation to elite competition. - read more
Recent analysis by consumer advocacy group CHOICE has revealed that Australians holding gold-level health insurance policies may face premium increases of up to 25% starting in April 2026. This substantial hike significantly exceeds the average 4.41% increase approved by the government for private health insurance premiums. - read more
Instanda, a leading provider of insurance technology solutions, has unveiled an artificial intelligence (AI) system designed to revolutionize commercial underwriting. This innovative system addresses the longstanding challenge of balancing speed and accuracy in the underwriting process, a critical aspect for consultants seeking efficient and reliable insurance coverage. - read more
With the growing appeal of exploring the vast and varied landscapes of Australia, the caravanning lifestyle has seen a significant surge in popularity. The sense of freedom that comes with a home on wheels captivates adventurers and holiday-makers alike, making the choice of caravan protection through insurance an essential aspect of ensuring ongoing travel peace of mind. - read more
Caravan insurance is an important investment for anyone who owns a caravan, whether it's a touring caravan or a static caravan. Caravan insurance is designed to protect you financially in the event of theft, damage, or accidents. However, not all caravan insurance policies are created equal, and it's essential to choose the right policy to ensure you're adequately covered and get the best value for your money. - read more
Caravanning is a popular pastime for many Australians, offering the freedom to explore the great outdoors and travel at leisure. However, owning a caravan comes with its own set of responsibilities and risks. - read more
Caravan insurance is an absolute necessity for anyone who owns a caravan. Accidents can happen at any time and without adequate insurance, the costs can be devastating. In this article, we will be exploring real-life horror stories and disasters regarding caravan insurance, to help you understand what can go wrong and what steps you can take to avoid similar situations. - read more
Knowledgebase
Liability Insurance: A type of insurance that provides protection against claims resulting from injuries and damage to people and/or property.
