IAG wins dispute over “earthquake” claim – Daily – Insurance News

The Australian Financial Complaints Authority (AFCA) upheld a decision by IAG to dismiss a claim related to cracked walls and ceilings from a Home and Contents policyholder who says the damage was caused by an earthquake.

The AFC says the information provided by the two parties, including reports from engineers involved in assessing the damage, demonstrated that the likely cause of the cracks was gradual deterioration, deflation or other ground movements.

While the complainant policy covers a series of listed events such as the earthquake, there are many limitations and exceptions, says the AFC.

According to the verdict, various reports confirmed that the house is around 50 years old and was built to a minimum standard. Reports indicated pre-existing internal and external cracks, and photos of the damage show that internal cracks were pre-repaired before painting.

The AFC is also not convinced that a magnitude 2 earthquake near Canberra in September 2019 could have caused cracks in walls, ceilings and cornices in the complainants’ home.

“While the assessment of property damage will depend on factors such as distance from the epicenter, soil, etc., damage to property is not usually seen in a magnitude 2 earthquake,” says the AFC referee.

“Given the information shared, I am convinced that the alleged damage was more likely due to the differential motion and not from the earthquake.

“The document excludes damage caused by gradual deterioration, shrinkage, or other ground movement.

“Under these circumstances, the insurance company has the right to refuse to pay the claim because the complainants did not prove a claim that falls within the terms of the policy.”

IAG denied the claim, filed in April of last year, saying the damage was most likely due to a long-term differential movement and not due to an earthquake or other events insured under the terms of the policy.

An engineer contracted by IAG provided a detailed report outlining past repairs to cracking interior walls and exterior walls. The engineer concluded that the main cause of property damage was the original construction and not the earthquake.

The complainants were offered a $ 1,000 tip by IAG on the long-term expense with the insurance company, but they refused. The AFC says it is a fair offer from IAG given the circumstances.

One of the engineers appointed by the complainants concluded that movement and cracking in the walls of the house were related to the earthquake event and not the differential settlement at the base.

The other engineer says that by looking at the movement observed in the inner walls, it appears that the ground motion of the earthquake affected the interior walls.

But the AFC is not convinced, IAG referee has the right to deny liability.

Click here to judge.

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