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.
Fresh industry reporting on insurance dispute volumes has again put claim handling under the microscope, with delays, communication gaps and disagreements over policy response continuing to frustrate policyholders. For transport businesses, the issue is especially important because a commercial vehicle claim is rarely just about repairing metal. A grounded truck can interrupt contracts, leave freight undelivered and place immediate pressure on cash flow. - read more
Renewed insurance industry warnings about severe weather are a practical reminder for Australian tradespeople: storm risk is not limited to damaged homes and flooded streets. It can also affect tools in a ute, materials stored on site, unfinished work, temporary fencing, scaffolding, electrical gear, excavation areas and client property surrounding a job. - read more
Australia’s financial advice reform debate has moved back into the spotlight, with life insurers and advice groups continuing to argue that many people need simpler, more affordable help to understand the insurance they already hold. For income insurance customers, the issue is practical: cover can look straightforward on a statement, but the detail often sits in definitions, waiting periods, offsets, exclusions and claim conditions. - read more
Recent fleet and transport industry coverage has again highlighted faster movement toward battery-electric and lower-emissions heavy vehicles in Australia, with truck makers, councils, logistics operators and specialist fleets moving beyond short demonstration runs. For truck operators, the insurance question is not simply whether electric trucks are better or worse than diesel. The practical issue is whether the policy reflects a different asset profile, different repair pathway and different downtime risk. - read more
Fresh industry concern about repair delays after severe weather is highly relevant for Australian farms, where a damaged shed, washed-out access track or unavailable part can quickly interrupt day-to-day operations. While the wider insurance discussion often focuses on homes and commercial buildings, the same pressure points can be even more complex on rural properties because assets are spread out, specialist equipment is involved and local contractor availability may be limited. - read more
Farm insurance policy wording can determine what is covered, what is excluded and what you need to do before, during and after a claim. This guide explains how Australian farm owners can read a PDS, policy schedule, exclusions, excesses, sub-limits and disclosure obligations more confidently. - read more
Hobby farms, small acreage properties and lifestyle blocks can sit between standard home insurance and commercial farm insurance. This guide explains when a property may need farm-style cover, what risks often fall outside home insurance, and how hobby farm cover can differ from commercial farm policies in Australia. - read more
Welcome to a critical discussion surrounding the stability and protection of your farming enterprise. In the unpredictable world of agriculture, insurance plays a pivotal role in safeguarding the future of your business. As we delve into the intricacies of insurance coverage, we aim to establish a strong foundation for enduring success in the farming industry. - read more
As a farm owner, your livelihood depends not only on the hard work you put in but also on the protection you have in place against unforeseen events. Farm insurance is crucial in safeguarding your investments, ensuring that your operations can continue smoothly even when faced with unexpected challenges. - read more
Farmers are no strangers to the whims of nature. The weather, with its unpredictable temperament, can have a profound impact on farming operations. A single storm can lay waste to crops, while a prolonged drought can jeopardize the health of livestock and lead to severe economic strain. Understandably, the uncertainty that weather brings is one of the largest variables in a farmer's success equation. - read more
Knowledgebase
Elimination Period: The time period between an injury and the receipt of benefit payments from an insurer, particularly in disability insurance.
No comments yet. Be the first to share your thoughts.