Quake Damage Claims Dismissed Over Previous Faults

3

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
Source: Paige Estritori

Share this news item:

Insurance News

Clear

NSW and SA Initiate Trials for Increased Mass Limits on Zero-Emissions Trucks

13 Oct 2025: Paige Estritori

In a significant move towards sustainable transport, New South Wales (NSW) and South Australia (SA) have commenced trials permitting higher mass limits for zero-emissions trucks. This initiative aims to encourage the adoption of environmentally friendly heavy vehicles by addressing existing regulatory constraints. - read more

Austroads Survey Uncovers Safety Concerns with Overseas Licensed Heavy Vehicle Drivers

13 Oct 2025: Paige Estritori

A recent survey conducted by Austroads has brought to light significant safety concerns regarding overseas licensed heavy vehicle drivers operating in Australia. With over 1,900 respondents, the survey aims to inform potential policy changes to enhance road safety and driver competency. - read more

ICA Advocates for Government Reforms to Mitigate Rising Motor Insurance Premiums

13 Oct 2025: Paige Estritori

The Insurance Council of Australia (ICA) has issued a call for urgent government action to address the escalating costs of motor insurance premiums. Highlighting a 42% increase in comprehensive motor insurance premiums since 2019, the ICA attributes this surge to various systemic cost drivers. - read more

Suncorp's Earnings Surge and Share Buyback Announcement

13 Oct 2025: Paige Estritori

Suncorp, a prominent Australian insurer, has reported an 8% increase in full-year cash earnings, reaching A$1.49 billion for the year ending June 30, 2025. This performance exceeded analyst expectations and underscores the company's robust financial health. - read more

ASIC's Legal Action Against RACQ Insurance: What You Need to Know

13 Oct 2025: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has commenced Federal Court proceedings against RACQ Insurance, alleging that the insurer misled more than 570,000 customers through deceptive premium comparison figures in renewal notices issued between September 2019 and December 2024. - read more

Click for more Insurance News