Quake Damage Claims Dismissed Over Previous Faults
Quake Damage Claims Dismissed Over Previous Faults
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:
| NSW Enforces Stricter Strata Maintenance Laws 25 Feb 2026: Paige Estritori New South Wales has introduced a series of reforms aimed at strengthening the maintenance and repair obligations of strata properties, enhancing the safety and integrity of these communities. Effective from November 2025, these changes grant NSW Fair Trading the authority to issue compliance notices and enter enforceable undertakings with owners' corporations that fail to meet their maintenance responsibilities. - read more |
| Whitbread Insurance Brokers Appoints Lia de Sousa as CEO 25 Feb 2026: Paige Estritori Whitbread Insurance Brokers has announced the appointment of Lia de Sousa as its new Chief Executive Officer, marking a significant strategic shift towards exclusive specialization in strata insurance services. With nearly four decades of experience in the insurance industry, including over 25 years at Whitbread, Ms. de Sousa brings a wealth of expertise to her new role. - read more |
| CHU Revamps Residential Strata Insurance Policy 25 Feb 2026: Paige Estritori CHU Underwriting Agencies, Australia's leading strata insurance provider, has announced significant enhancements to its residential strata insurance policy, reflecting the evolving needs of property owners and strata communities. These updates aim to simplify insurance processes, bridge coverage gaps, and provide more comprehensive protection for strata residents. - read more |
| Allianz Australia Penalised for Misleading Travel Insurance Information 24 Feb 2026: Paige Estritori In a significant ruling, the Supreme Court of New South Wales has imposed fines totaling $16.8 million on Allianz Australia Insurance and its subsidiary, AWP Australia, for disseminating misleading information about their travel insurance products between 2016 and 2018. This decision underscores the critical importance of transparency and accuracy in the insurance sector. - read more |
| The Ultimate Guide to Understanding Life Insurance in Australia Life insurance is a contract between an individual and an insurance company. The insurer promises to pay a designated beneficiary a sum of money upon the death of the insured person. - read more
|
| Understanding the Role of Life Insurance in Your Estate Plan Estate planning is a critical process that often goes overlooked, but it's essential for securing the financial future of your loved ones and ensuring your assets are distributed according to your wishes. It involves the careful organization and protection of an individual’s estate to minimize uncertainties and facilitate the smooth transfer of assets after their passing. While it may seem complex, understanding the basics of estate planning is necessary for every Australian adult, regardless of wealth. - read more
|
| How to Use Insurance to Protect Your Finances and Manage Debt Financial protection and debt management are essential components of maintaining a stable financial life. Without proper safeguards, unexpected events can quickly derail even the best-laid financial plans. - read more
|
| How Much Life Insurance Do You Really Need? A Family's Guide to Assessment Life insurance is one of those cornerstones of financial planning that often gets overlooked. Yet, the importance of life insurance in safeguarding your family's future cannot be overstated. It's a robust financial instrument that provides peace of mind, knowing that your loved ones will be financially secure in the event of your untimely passing. This introductory section lays the groundwork for understanding why life insurance is pivotal in your family's financial health. - read more
|
A risk associated with the nature of a particular occupation, which may affect insurance premiums.