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:
| Queensland Farmers' Market Threatened with Eviction Over Insurance Dispute 23 Apr 2026: Paige Estritori In a developing situation in south-east Queensland, the Three Creeks Farm Stall, a popular farmers' market operating in Eileen Hose Park near Gympie, is facing potential eviction due to a dispute over public liability insurance requirements imposed by the Gympie Regional Council. - read more |
| Record Surge in Insurance Complaints Due to Claim Processing Delays 23 Apr 2026: Paige Estritori Recent data from the Australian Financial Complaints Authority (AFCA) reveals a significant increase in complaints against insurance companies, with an average of 100 complaints per day. This surge is primarily attributed to delays in processing everyday claims, affecting both home-building and motor vehicle insurance sectors. - read more |
| Climate Change Contributing to Rising Home Insurance Premiums in Australia 23 Apr 2026: Paige Estritori Insurance Australia Group (IAG) has released a report indicating that climate change is increasingly influencing the rise in home insurance premiums across Australia. The report highlights that the frequency and severity of extreme weather events, such as severe storms and hailstorms, are escalating, particularly in densely populated regions. - read more |
| Insuret and ATL Unite to Strengthen Truck Fleet Insurance Services 23 Apr 2026: Paige Estritori 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 |
| Top Mistakes to Avoid When Comparing Income Protection Insurance Insurance plays a pivotal role in maintaining financial stability, especially for working adults in Australia. It acts as a safety net, offering peace of mind in the face of uncertainties. By securing an insurance policy, individuals protect themselves against potential financial disruptions caused by unexpected events. - read more
|
| Insider Secrets to Finding Cost-Efficient Health Insurance Health insurance in Australia is a crucial aspect of ensuring you and your family receive the medical care needed without facing exorbitant costs. The healthcare system, consisting of both public and private sectors, offers various options to suit different needs and budgets. While the public sector (Medicare) provides essential services, private health insurance offers additional benefits such as faster access to services, choice of doctor, and coverage for services not included in Medicare. - read more
|
| Insuring Your Practice: Key Considerations for Australian Health Care Workers Income protection insurance is a safeguard for your financial stability, designed to provide peace of mind when you most need it. As a healthcare professional, you’re dedicated to caring for others, but it’s essential to protect your own income against unexpected events. - read more
|
| How Life Insurance Provides Financial Security for Your Loved Ones Life insurance is a crucial part of any comprehensive financial plan, providing peace of mind that your loved ones will be financially secure in the event of your passing. - read more
|
The amount of risk or liability covered for an individual or entity by way of insurance services.