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.
The Australian Prudential Regulation Authority (APRA) has announced significant reforms to the capital treatment of longevity products, including annuities, aimed at bolstering the sustainability and affordability of retirement income products. These changes are set to take effect from 1 July 2026. - read more
Recent findings from the Life Insurance Code Compliance Committee (Life CCC) have revealed a significant increase in delays related to income protection and Total and Permanent Disability (TPD) claims processing. Violations of the industry's standards on timely income protection payments have surged by 67% in the 2024-25 period, raising concerns about the efficiency and reliability of insurers in supporting claimants during critical times. - read more
In a significant development for the Australian life insurance market, health fund nib has partnered with NobleOak Life to introduce a suite of new life insurance products. This collaboration aims to provide Australians with enhanced financial protection options, addressing the evolving needs of individuals and businesses alike. - read more
Recent findings from the Life Insurance Code Compliance Committee (Life CCC) have highlighted a concerning trend in the Australian life insurance industry: a significant increase in delays for income protection and Total and Permanent Disability (TPD) claim payments. In the financial year 2024-25, violations of the industry's code regarding timely income protection payments surged by 67% compared to the previous year, affecting a substantial number of policyholders. - read more
In response to mounting sustainability pressures and the increasing prevalence of mental health-related claims, several life insurers have introduced innovative Total and Permanent Disability (TPD) insurance products designed to enhance affordability and long-term viability. These developments were highlighted during a panel discussion at the recent Entireti Risk Summit Roadshow events, where insurers outlined their latest product offerings aimed at addressing these critical issues. - read more
Car insurance is an essential expenditure for any vehicle owner, but are you truly aware of all the costs involved? Many Australians focus solely on the premiums, overlooking additional charges that can significantly impact their budget. Understanding these hidden costs is crucial to avoid an unpleasant surprise. - read more
Car insurance is an essential part of owning a vehicle in Australia, providing financial protection and peace of mind. Standard coverage typically includes protection against collision damage, theft, and various liabilities. However, the world of car insurance doesn’t stop here; enter the realm of 'extras' - additional options that go beyond the basics. - read more
Filing a car insurance claim can be a complex and overwhelming task. Understanding the process is crucial to ensure that everything goes smoothly and you get the compensation you deserve. - 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
Car insurance is an essential aspect of vehicle ownership for Australians, providing financial protection in case of accidents, theft, and other unforeseen events. As with any form of insurance, the premiums you pay can vary widely, so understanding the factors that influence these costs is critical. - read more
Knowledgebase
Occupational Hazard: A risk associated with the nature of a particular occupation, which may affect insurance premiums.
No comments yet. Be the first to share your thoughts.