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.

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
Author: Paige Estritori

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.

Share this news item:

Insurance News

Clear

Mergers and Acquisitions Transform Australia's Insurance Landscape

03 Apr 2026: Paige Estritori

The Australian insurance industry is currently undergoing a significant transformation, marked by a surge in mergers and acquisitions (M&A). This trend is reshaping the market landscape, as companies seek to enhance their competitive edge and adapt to evolving regulatory and technological environments. - read more

MECON Enhances Construction Insurance Capacity to $120 Million

03 Apr 2026: Paige Estritori

In a significant development for Australia's construction sector, MECON has announced an increase in its underwriting capacity, now offering coverage up to $120 million for single projects. This enhancement, effective from March 10, 2026, applies to Section 1 (Material Damage) and includes Section 2 (Public Liability), providing more robust insurance solutions for larger and more complex construction endeavors. - read more

Escalating Costs Impact Construction Insurance Claims in Australia

03 Apr 2026: Paige Estritori

Australia's construction industry is currently facing significant challenges as rising costs reshape the insurance claims landscape. A recent report by Crawford & Company highlights that construction expenses are increasing at a rate faster than general consumer prices, with the Building Cost Index (BCI) rising nearly 5% annually. This trend is particularly evident in cities like Brisbane and Perth, where strong demand, logistical challenges, and a persistent shortage of skilled labour contribute to escalating costs. - read more

Australian Insurers Advocate for Stronger Consumer Protection Laws

02 Apr 2026: Paige Estritori

The Insurance Council of Australia (ICA) has expressed strong support for the proposed Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026. This legislation seeks to introduce a general prohibition on unfair trading practices within Australian Consumer Law, thereby enhancing regulatory powers to address predatory operators in the insurance industry. - read more

APRA Takes Action Against Unjustified Commercial Auto Insurance Premium Increases

02 Apr 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has implemented emergency measures to address significant concerns within the commercial auto insurance sector. In response to widespread industry protests over substantial premium increases, APRA has introduced regulations aimed at safeguarding transport operators from financial hardship. - read more

Click for more Insurance News