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 reporting on Australia's construction sector has highlighted a problem that strata communities cannot afford to treat as background noise: builder and trade contractor failures remain a live risk for apartment buildings, particularly where major repairs, defect rectification or insurance reinstatement works are required. - read more
Fresh attention on Australia's construction cost environment is a useful reminder for strata communities that insurance adequacy is not just about the premium charged at renewal. For owners corporations and body corporates, the more important question is whether the insured value of the building would still be enough to rebuild, reinstate common property and meet associated professional costs after a major loss. - read more
ASIC’s latest scrutiny of insurance in superannuation communications is a timely reminder that life cover is only valuable when people understand when it applies, what it pays, and where the gaps may sit. For employers, CFOs and HR leaders, this is not just a superannuation fund issue. It goes directly to workforce wellbeing, benefit design and the way organisations explain financial protection to their people. - read more
APRA’s latest general insurance statistics point to a sector that is in a stronger financial position than it was during the worst of recent inflation, repair-cost and catastrophe pressures. For Australian tradies, that sounds positive at first glance: a well-capitalised insurance market is better placed to pay claims, support recovery after major loss events and keep products available across higher-risk occupations and regions. - read more
The latest stage of Australia’s financial advice reform debate has direct implications for life insurance, particularly for people who hold cover through superannuation or have avoided seeking advice because of cost and complexity. The policy direction is aimed at making limited, practical guidance easier to access, including through super funds and financial institutions, while still maintaining consumer protections. - read more
When embarking on journeys with a caravan in tow, understanding the concept of weight distribution is critical. This refers to how the weight of your load is spread both within the caravan and between the caravan and the towing vehicle. Ensuring this weight is evenly distributed is not just a matter of organization; it's a fundamental aspect of safe and smooth travel. - read more
Setting off on a caravan trip is an exciting adventure, but before you hit the open road, it's essential to ensure your caravan is in top-notch condition. Performing pre-trip checks can make the difference between a memorable journey and a disastrous one. - read more
Welcome, Australian caravan enthusiasts! Embarking on road trips and enjoying the great outdoors is an integral part of the Aussie lifestyle. Whether you're a seasoned traveller or a newcomer to the caravan community, ensuring your home on wheels is fully covered should be top of mind. - read more
Caravanning has seen a rise in popularity across Australia, with many discovering the joys of hitting the open road and exploring the vast landscapes that the country has to offer. From coastal trips to inland adventures, caravanning provides the flexibility and freedom that many travelers are seeking. - 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
Trauma Insurance: An insurance that pays a lump-sum amount on the diagnosis of one of several critical illnesses or events
No comments yet. Be the first to share your thoughts.