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.
In a significant development for Australia's transport insurance sector, Insuret and ATL have merged to create a unified platform dedicated to fleet and trucking insurance. This strategic consolidation under the Envest underwriting group aims to provide comprehensive coverage and innovative solutions tailored to the evolving needs of the transport industry. - read more
The Australian Financial Complaints Authority (AFCA) has recently ruled that a broker breached its duty of care, resulting in the denial of a truck damage claim by the insurer. This case underscores the critical importance of brokers thoroughly understanding and communicating policy exclusions to their clients, particularly concerning driver experience requirements. - read more
The National Heavy Vehicle Regulator (NHVR) has released an updated Master Code of Practice, marking the first revision since its initial publication in 2018. This comprehensive update extends safety guidance beyond traditional road transport businesses to encompass industries such as manufacturing, construction, mining, retail, and logistics that utilize heavy vehicles in their operations. - read more
Australians are set to experience a significant rise in private health insurance premiums, with an average increase of 4.41% scheduled for 1 April 2026. This marks the steepest hike since 2017, adding to the financial pressures faced by many households. - read more
In 2025, Australia experienced a dramatic escalation in insured losses due to extreme weather events, totaling AUD 4.8 billion-a staggering 727% increase compared to the previous year. This surge underscores the growing impact of climate change on the nation's economy and the insurance sector. - read more
Car insurance is a crucial aspect of owning a vehicle, providing financial protection in case of accidents, theft, and other unexpected events. However, finding the right balance between affordability and adequate coverage can be a challenging task. - read more
Car safety has come a long way since the early days of motoring. Initially, vehicles had minimal safety features, and accidents often led to severe injuries or fatalities. Over the years, technological advancements have significantly improved the safety of cars, making them much safer for drivers and passengers alike. - read more
Insurance jargon refers to the specialized terminology and phrases used within the insurance industry. These terms can often be confusing and complicated for those not familiar with the field. - read more
Welcome to our comprehensive guide on car insurance in Australia! Whether you're a seasoned driver or a newcomer to the roads, understanding car insurance is crucial for protecting yourself and your vehicle against unforeseen events. - read more
Car insurance is a crucial aspect of responsible vehicle ownership. It provides financial protection against accidents, theft, and other unforeseen events. In Australia, having the right car insurance policy can give you peace of mind on the road. - read more
Knowledgebase
Insurable Interest: A financial or other kind of interest in the insured item or person, necessary for a valid insurance contract.
