Insurer liable for water damage as AFCA rejects seepage exclusion
A claimant whose home was inundated during heavy rain will be covered for his loss after the complaints authority rejected his insurer’s “broad interpretation” of an underground seepage exclusion. The homeowner said several rooms at his property, which was slightly below street level, flooded in February 2022 when a build-up of water topped a slab in front of a waterproofed wall. He said the water then entered below the wall. Records showed more than 700mm of rain fell in the area from February 23-27, across two significant downpours. Insurer IAG said the damage was due to waterproofing failures in the building’s western basement and northern wall. Its appointed builder found water was entering under the skirtings of the building’s external wall and attributed the loss to waterproofing issues. The insurer then applied the home policy exclusion concerning damage “caused directly by ... the subterranean seepage of water, no matter how caused”. The claimant appointed a...