Liability Insurance Australia :: News
SHARE

Share this news item!

Homeowner Faces Setback in Sinkhole Saga

Homeowner Faces Setback in Sinkhole Saga

Homeowner Faces Setback in Sinkhole Saga?w=400

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.

A homeowner’s request for compensation after discovering a large pit on his property was denied when it was revealed to be a decommissioned well, rather than a sinkhole.

The deep pit, which measured 4.5 meters, appeared beneath pavers just 1.5 meters away from the house in August 2022.

The homeowner contacted QBE insurance to lodge a claim, prompting the insurer to send a team to cordon off the affected area for safety.

The homeowner argued that the pit had been formed by a leaking pipe and believed the visible water flow at the bottom was evidence of such. He suggested that the water leak had caused soil erosion, exacerbating the formation of the pit.

In response, QBE appointed a forensic structural engineer to investigate. The engineer, assisted by a plumber, conducted several tests and authored three reports on their findings.

The investigation concluded that the pit resulted from the collapse of a well capping that had been in place for over five decades, predating the home's construction according to the neighborhood residents' accounts.

According to the engineer, the old well capping had eroded over time, explaining the presence of water at the base. Nearby sewer and stormwater pipes were examined, and it was found that water flow into the pit had been consistent. A sewer pipe leakage, identified approximately 19 meters from the pit, was determined to be too far away to contribute to its formation.

No legal or physical connection was determined to link the sewer leakage or any nearby pipes to the well's deterioration. The plumber validated the engineer's conclusions, confirming a lack of nearby pipe networks capable of forming a sinkhole.

The Australian Financial Complaints Authority (AFCA) later ruled in favor of QBE, citing comprehensive evidence provided by the engineer. The findings firmly established that the pit was a disused well, lacking any evident links to a leaking sewer or other leaks.

AFCA endorsed, "The expert evidence substantiates that the pit originates from a long-decommissioned well existing before the complainant’s house was built. Despite extensive testing, the results indicate no connection between any pipe leaks and the pit’s formation, the water at its base, or the erosion observed."

Though QBE did agree to compensate for incidental damages done during the examination process, including $1122 for the damage to the homeowner’s timber deck and an additional $1500 for the delays in processing the claim, which took over six months.

This case, initially reported by insurancenews.com.au, underscores the critical role of thorough expert investigation to differentiate between naturally occurring subsidence and structural failures caused by other factors.

Published:Wednesday, 10th Jul 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:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

AUSactive Unveils Comprehensive Insurance Solution for Fitness Professionals
AUSactive Unveils Comprehensive Insurance Solution for Fitness Professionals
21 May 2026: Paige Estritori
In a significant development for Australia's fitness industry, AUSactive has introduced a new insurance product tailored specifically for exercise and active health professionals. This initiative, developed in collaboration with global insurance broker Marsh, aims to provide enhanced protection while offering lower premiums compared to existing market options. - read more
Gallagher Strengthens Ties with Rugby Australia Through Comprehensive Insurance Partnership
Gallagher Strengthens Ties with Rugby Australia Through Comprehensive Insurance Partnership
21 May 2026: Paige Estritori
Global insurance brokerage Arthur J. Gallagher & Co has reinforced its commitment to Australian rugby by renewing and expanding its role as the Official Insurance Partner of Rugby Australia. This enhanced partnership now spans the entire rugby ecosystem, from elite national teams to grassroots community clubs. - read more
Insurance Council of Australia Advocates for State Law Reforms to Mitigate Rising Insurance Costs
Insurance Council of Australia Advocates for State Law Reforms to Mitigate Rising Insurance Costs
21 May 2026: Paige Estritori
The Insurance Council of Australia (ICA) has released a white paper calling for urgent reforms to outdated state and territory civil liability laws that are contributing to rising insurance costs for businesses and community organizations across the country. - read more
Tasmanian Government Overhauls TasInsure Strategy
Tasmanian Government Overhauls TasInsure Strategy
21 May 2026: Paige Estritori
The Tasmanian government has announced a significant revision to its TasInsure initiative, transitioning from the establishment of a state-owned insurance company to creating a not-for-profit statutory authority focused on overseeing and supporting the insurance ecosystem. This strategic shift aims to address concerns about insurance affordability and availability within the state. - read more
APRA Calls for Improved AI Risk Oversight in Insurance
APRA Calls for Improved AI Risk Oversight in Insurance
21 May 2026: Paige Estritori
The Australian Prudential Regulation Authority (APRA) has issued a directive to insurers, banks, and superannuation trustees, emphasizing the need to enhance oversight and control of artificial intelligence (AI) technologies. This call to action highlights a growing disparity between the rapid deployment of AI and existing risk management frameworks within the financial sector. - read more


Business Insurance Articles

Decoding Public Liability Insurance: Is It a Must-Have for Your Australian Startup?
Decoding Public Liability Insurance: Is It a Must-Have for Your Australian Startup?
Public liability insurance is an integral safety net designed to protect businesses from the financial risks associated with lawsuits or claims. It provides coverage when a business is found legally responsible for personal injury to a third party or damage to their property. This form of insurance can significantly reduce the burden of legal fees, compensation claims, and other associated costs that may arise from unforeseen incidents. - read more
 Why Every Business Needs Public Liability Insurance
 Why Every Business Needs Public Liability Insurance
Welcome to our comprehensive guide on public liability insurance. If you run a business, you've probably heard this term thrown around quite often. But what exactly is public liability insurance? - read more
How Public Liability Insurance Can Save Your Business During a Crisis
How Public Liability Insurance Can Save Your Business During a Crisis
Public liability insurance is designed to protect your business from financial loss if you are found liable for causing injury or property damage to a third party. This type of insurance covers legal costs and any compensation claims that might arise from accidents or incidents involving your business operations. - read more
Understanding The Costs: How Much Does Public Liability Insurance Typically Cost?
Understanding The Costs: How Much Does Public Liability Insurance Typically Cost?
Public liability insurance is a crucial form of protection for both businesses and individuals, safeguarding them against potential claims for personal injury or property damage that occur as a result of their operations or services. In an increasingly litigious society, having this coverage can mean the difference between staying afloat financially and facing business closure due to unexpected claims. - read more
Key Benefits of Comparing Public Liability Insurance Rates for Australian Businesses
Key Benefits of Comparing Public Liability Insurance Rates for Australian Businesses
As an Australian business owner, you face numerous financial risks daily. Accidents can happen at any time, whether it's a slip and fall on your premises or damage caused by your products or services. These incidents can lead to costly legal actions that may put significant strain on your business finances. - read more


Start Here !

Start here!

Cover Amount:
Postcode:
All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.

Knowledgebase
Proximate Cause:
The primary cause of loss in an insurance claim, which sets in motion a chain of events leading to the damage or injury.