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.
Recent transport industry reporting has again drawn attention to load restraint, with regulators and enforcement agencies continuing to highlight the risks created by poorly secured freight. For Australian truck operators, the issue is broader than avoiding roadside penalties. A load that moves, spills or falls can quickly become a vehicle damage, cargo, public liability, injury and business interruption problem. - read more
Australia's construction sector continues to face pressure, with recent business reporting again pointing to elevated insolvency risk among builders and related operators. For tradespeople, that is not just a headline about another company's balance sheet. A builder collapse can quickly become a practical problem for subcontractors who have materials on site, tools locked in a compound, unpaid invoices, unfinished work and unclear responsibility for damaged or abandoned projects. - read more
APRA's latest life insurance claims and disputes statistics have again put the practical side of personal cover in front of Australian workers. While headline numbers often focus on the overall performance of life insurers, the data is especially relevant for anyone relying on income protection insurance or salary continuance cover to keep household cash flow steady after illness or injury. - read more
Recent heavy vehicle industry reporting has again highlighted roadside compliance activity, with enforcement attention on mechanical condition, fatigue records, load restraint and day-to-day maintenance evidence. For truck operators, the message is broader than avoiding an infringement. A defect notice, preventable breakdown or poorly documented maintenance program can also shape how an insurer views risk when cover is renewed or when a claim is assessed. - read more
Renewed industry pressure to reduce insurance taxes has put affordability back in the spotlight for rural and regional Australia. The latest debate centres on the extra costs added to insurance through state-based duties, levies and other charges, which can make already expensive cover harder to maintain for households and businesses exposed to flood, bushfire, storm and cyclone risk. - read more
Caravanning has surged in popularity across Australia, offering a unique way to explore this vast and beautiful country. Whether you're a seasoned traveller or planning your first trip, it's crucial to understand the importance of regular caravan maintenance. - read more
Caravan insurance can protect against many road, theft, weather and liability risks, but every policy also has exclusions, limits and conditions. This guide explains common caravan insurance exclusions in Australia and the fine print owners should review before choosing or renewing cover. - 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
Caravan insurance is usually not a standalone legal requirement in Australia, but registration, CTP, towing liability and policy obligations can be easily confused. This guide explains how they differ and why many caravan owners still choose insurance for financial protection. - read more
Welcome to your guide on Essential Caravan Maintenance: Protecting Your Home on Wheels. Like any home, your caravan is your sanctuary, a place of comfort and security as you travel and explore. However, it's crucial to remember that this rolling residence requires regular check-ups and tune-ups to ensure it remains a safe and reliable haven. - read more
Knowledgebase
Double Indemnity: A clause or provision in a life insurance policy that doubles the payout in cases of accidental death.
No comments yet. Be the first to share your thoughts.