Plaintiff loses row over delayed roof collapse – Daily – Insurance News

A Victorian homeowner who claimed that last year’s earthquake caused his kitchen ceiling to collapse six weeks later lost his dispute after an Australian Financial Complaints Authority (AFCA) ruling ruled that his insurer’s decision to deny the claim was valid.

The complainant stated that the roof partially collapsed around 8 November last year. He said the 5.9-magnitude earthquake that hit the state on September 22 contributed to the splitting of the roof of his home and the final accident.

IAG hired a construction worker, who noted property damage before during an inspection, including water leaks from a previous storm near the damaged kitchen area. The builder did not provide a reason to separate the roof and recommended the insurer conduct a further assessment of the property, saying, “There is significant concern of further collapse.”

A structural engineer, referred to as a VV, performed “make it safe” work to prevent further damage. The report did not attribute a direct source to the collapse, but noted damage to the roof trusses and made repairs to prevent further concerns.

A second structural engineer, referred to as IX, attended the building in February and concluded that the earthquake had not caused the observed damage.

IX noted that “abnormal soil moisture conditions” on the property caused by poor water management and nearby trees enabled “foot differential movement,” which contributed to the weakening of the house’s structural integrity.

The engineer said that the conditions led to the cracking of the wooden roof trusses and the dislocation of the nail plates. The report concluded that the observed damage was “inconsistent with seismic forces”.

The Asian Football Confederation said the expert’s report was “reasonable and clear” and indicated that the property’s location was 127 kilometers from the epicenter.

She accepted the report’s findings, saying it was “the only detailed analysis of the cause of the damage”.

The IAG noted a home and contents policy that includes exceptions for accidental damage caused by “settling, shrinkage, or any movement of the ground”.

“While I accept that the damage is accidental, the dominant or instrumental cause is ground motion affecting the structural integrity of the home,” the AFC said.

“Since the policy excludes loss or damage caused by ‘settlement, shrinkage or any movement of land,’ I agree that the insurer is entitled to exclude the claim.”

The ruling requires the insurance company to compensate the homeowner $1,000 for delays that caused unnecessary safety concerns. She indicated that the insurance company did not take any action to appoint a structural engineer until six weeks after the builder’s recommendation.

She said the insurance company should have sympathized with the safety concerns raised by the complainant, saying that he and his family were placed in a vulnerable position.

“The complainant felt vulnerable in a home he did not believe was safe,” the AFC said.

“The insurance company should have acted faster and done more to keep the complainant informed of their procedures and to “make it safe” work.”

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