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.
NEOS has recently announced significant enhancements to its income protection offerings, effective from 11 March 2026. Responding to adviser feedback, the insurer has increased the maximum coverage available without mandatory medical examinations, aiming to simplify the application process for Australians seeking income protection insurance. - read more
Acenda Life has recently implemented a series of updates to its Retail Life Insurance portfolio, effective from 11 April 2026. These changes are designed to provide greater flexibility and accessibility for Australians seeking income protection insurance, addressing common concerns about policy limitations and entry age restrictions. - read more
The Australian Financial Complaints Authority (AFCA) has recently ruled in favour of Nippon Life Insurance in a dispute concerning the application of an offset clause in an income protection (IP) claim. This decision underscores the critical importance of policyholders understanding the specific terms and conditions of their insurance policies. - read more
The Australian Superyacht, Marine Export and Commercial Marine Conference (ASMEX) is set to return to the Gold Coast on 19-20 May 2026, offering a pivotal platform for industry professionals to connect, share insights, and celebrate achievements. Hosted at The Langham Gold Coast, this year's conference introduces a refined format designed to cater to all sectors of the marine industry. - read more
In response to escalating piracy incidents, CFC has unveiled an upgraded marine kidnap and ransom (K&R) insurance solution that incorporates in-house vessel smart-tracking technology. This advancement aims to assist shipowners in mitigating coverage gaps when navigating high-risk areas. - read more
Welcome to the world of farm insurance, where no two policies are the same, just as no two farms mirror each other in operations and risks. As a farmer, you are acutely aware that your agricultural endeavors bring a unique set of challenges and needs. Recognizing this diversity is the first step in protecting your livelihood. - read more
As a rural farmer, protecting your livelihood should be a top priority. Farm insurance is crucial because it safeguards your investment and income against unforeseen events such as natural disasters, accidents, and theft. - read more
Managing a farm involves juggling many uncertainties and potential risks. Risk management in farming refers to the process of identifying, assessing, and prioritising risks associated with agricultural activities. Effective risk management ensures that farmers can handle obstacles and continue their operations smoothly. - read more
The serene morning mists settling over green pastures and the peaceful clucking of poultry might paint an idyllic picture of farm life, but seasoned farmers know that this lifestyle comes with its own set of risks and uncertainties. In the world of agriculture, each new day could bring events that threaten your way of life and the heart of your business. This is where farm insurance becomes not just important, but essential. - read more
If you are running a farm, you already know that it is more than just a business; it's a way of life. Your farm is a culmination of hard work, valuable resources, and significant financial investments. - read more
Knowledgebase
Insurance Deductible: the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".
