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:
| Envest Group Unveils TLI Underwriting: A New Era for Heavy Motor Fleet Insurance 21 Nov 2025: Paige Estritori Envest Group, a prominent player in Australia's insurance sector, has announced the launch of TLI Underwriting, a new agency dedicated to providing specialized insurance solutions for heavy motor fleet operators. This strategic move aims to address the unique challenges faced by larger transport businesses in Australia. - read more |
| ASIC Initiates Legal Proceedings Against QBE for Alleged Misleading Discount Practices 21 Nov 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) has commenced legal action against QBE Insurance, alleging that the insurer misled more than 500,000 customers regarding premium discounts over a five-year period. This development has significant implications for the Australian insurance industry, particularly for policyholders seeking transparency and fairness in premium calculations. - read more |
| Hutch Underwriting's Trade Pack: Simplifying Insurance for Australian SME Tradies 21 Nov 2025: Paige Estritori Hutch Underwriting has unveiled Trade Pack, a comprehensive insurance solution designed specifically for Australia's small and medium-sized trade businesses (SMEs). This innovative product aims to streamline coverage and alleviate the administrative challenges often faced by brokers and tradies alike. - read more |
| IAG's AI Integration: Revolutionising 'Make Safe' Repair Assessments 21 Nov 2025: Paige Estritori Insurance Australia Group (IAG) has integrated generative artificial intelligence (AI) into its property claims assessment process, specifically to determine the necessity of 'make safe' repairs. This technological advancement aims to enhance operational efficiency and reduce costs associated with unnecessary contractor dispatches. - read more |
| Combining Financial Security and Affordability: Income Protection for Australians Explained Financial security is a cornerstone of peace of mind, particularly when life is known for its unpredictability. This introductory section sheds light on the vital nature of income protection insurance and its role in safeguarding Australians' financial well-being. Ensuring continual financial inflow during times of illness or injury not only offers stability but also protects one's standard of living. - read more
|
| Understanding the Tax Benefits of Income Protection Insurance in Australia When hardship hits and earning a steady income becomes a challenge due to illness or injury, income protection insurance steps in as a crucial lifeline. This insurance acts much like a monetary buffer, providing you with a percentage of your regular income during times when you're unable to work. It's designed to offer peace of mind and stability, not just for you, but also for your dependents who rely on your financial support. - read more
|
| The Myth of Unaffordability: How to Find Value in Income Insurance Policies Income protection insurance is often surrounded by the myth of being unaffordable, deterring many Australians from safeguarding their most valuable asset—their ability to earn. This introduction aims to address this misconception head on, revealing the real value that income insurance policies can provide. It is crucial to understand that the cost of such a policy pales in comparison to the potential financial hardship faced without one. - read more
|
| Understanding the Role of Life Insurance in Financial Security Life insurance can seem complex at first, but understanding the basics can help demystify this important financial product. At its core, life insurance is a contract between you and an insurer, where the insurer promises to pay a designated beneficiary a sum of money upon your passing, in exchange for premium payments. - read more
|
Insurance that provides protection from claims arising from injuries or damage to other people or property