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 recent Fleet Auto News report has put a timely spotlight on one of the least glamorous but most important parts of fleet management: incident reporting. Many transport businesses still rely on paper forms, email trails and spreadsheets to record vehicle damage, accidents and minor incidents. Those methods may feel familiar, but they can leave operators with delayed reports, incomplete details and data that is difficult to use when a claim, audit or premium review arrives. - read more
Australia’s general insurance sector is edging closer to a major update to the rules that shape how insurers deal with customers, including small business owners and self-employed tradespeople. Financial Services Minister Daniel Mulino has signalled he wants meaningful progress on the review of the General Insurance Code of Practice, with the industry preparing a redrafted version for consultation. - read more
A fresh warning from Australian medical indemnity underwriter Tego has highlighted a risk that many businesses are only beginning to confront: artificial intelligence may not fit neatly inside existing insurance categories. As AI tools become embedded in diagnosis, administration, client advice, document drafting, fraud detection and customer service, the question is no longer simply whether a mistake occurred. It is also who made the decision, who controlled the system and which policy should respond. - read more
Victoria’s owners corporation reform process has put strata insurance commissions back under the microscope, after the state government opted to further examine an expert panel recommendation to ban certain financial benefits paid to owners corporation managers and related entities. - read more
Australia?s general insurance sector appears to be moving closer to a major reset of its customer standards, with Financial Services Minister Daniel Mulino indicating he wants meaningful progress on the long-running review of the General Insurance Code of Practice. The industry review began in November 2023, produced more than 100 recommendations, and is expected to lead to a redrafted code that is both ASIC-approved and contractually enforceable. - read more
Caravan insurance is designed to protect your financial interests when you own a caravan. Just like any vehicle or property insurance, it provides coverage for damage, theft, or accidents. Given the unpredictable nature of travel and the investment involved in a caravan, having the right insurance is crucial for peace of mind. - read more
Caravan insurance is a vital safeguard that protects your valuable investment from unforeseen incidents, whether at home or on the road. Understanding the dynamics of caravan insurance pricing is crucial for any caravan owner in Australia looking to get the most value from their policy while ensuring adequate coverage. - read more
The caravan lifestyle is experiencing a remarkable surge in popularity across Australia. Recent years have seen a significant increase in the number of individuals and families embracing the nomadic way of life, traveling across the country in caravans. - 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
Maintaining your caravan isn't just about keeping it looking good; it's a crucial practice that ensures your safety on the road, as well as helping you protect your investment. A caravan represents a significant financial commitment, and just like any other vehicle, it requires regular care to maintain its value and functionality. - read more
Knowledgebase
Subrogation: The process by which an insurance company seeks to recover the amount paid to the policyholder from a third party responsible for the loss.
No comments yet. Be the first to share your thoughts.