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.

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.

Published:Thursday, 1st Aug 2024
Author: Paige Estritori

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.

Share this news item:

Insurance News

Clear

Insuret and ATL Unite to Strengthen Australia's Truck Insurance Landscape

12 May 2026: Paige Estritori

In a significant development for Australia's transport insurance sector, specialist underwriting agencies Insuret and ATL have announced their merger, creating a unified national platform dedicated to fleet and trucking insurance. This strategic alliance is poised to address the evolving and complex risk demands within the country's transport and mobility sectors. - read more

Regulatory Scrutiny Intensifies Over IAG's Proposed Acquisition of RAC Insurance

12 May 2026: Paige Estritori

The Australian Competition and Consumer Commission (ACCC) has escalated its scrutiny of Insurance Australia Group's (IAG) proposed acquisition of Western Australia's RAC Insurance, initiating a second-phase review due to potential competition concerns. This development underscores the regulator's commitment to maintaining a competitive insurance market, particularly in regions where market concentration could adversely affect consumers. - read more

Australian Insurance Prices Decline as Global Conflicts Introduce Market Uncertainties

12 May 2026: Paige Estritori

Recent analyses by Aon indicate a notable decline in Australian insurance prices during the first quarter of 2026, with reductions ranging from 11% to 20% across various sectors. This trend is attributed to abundant market capacity and broader coverage options. However, escalating global conflicts, particularly in the Middle East, are casting shadows over the market's future stability. - read more

HESTA Announces Reduction in Insurance Fees to Benefit Members

11 May 2026: Paige Estritori

HESTA, a prominent Australian superannuation fund, has unveiled a significant reduction in insurance fees, set to take effect from 1 July 2026. This initiative aims to make insurance coverage more accessible and affordable for its members, aligning with the fund's commitment to enhancing member benefits. - read more

Hostplus and MetLife Australia Extend Partnership to Enhance Member Insurance Benefits

11 May 2026: Paige Estritori

Hostplus, a leading Australian superannuation fund, has announced the extension of its group insurance partnership with MetLife Australia until June 2028. This strategic move aims to elevate the servicing models across claims and underwriting, ultimately delivering stronger outcomes for Hostplus members. - read more

Click for more Insurance News