Insurance claims rejected after Muswellbrook earthquake swarm

More than two months after an earthquake struck the NSW mining town of Muswellbrook, Jade Richardson is still unable to use her shower.

There have been more than 50 earthquakes in or near Muswellbrook since August, including a magnitude 4.1 which struck the town yesterday. 

The largest, a magnitude 4.7 quake, saw brick chimneys in Muswellbrook collapse and shops close when ceilings and walls caved in.

Now, homeowners like Ms Richardson say their insurance providers have rejected their claims for damage, despite their policies covering earthquakes.

Jade Richardson and her husband Michael say their insurance claim has been denied. (Supplied: Jade Richardson)

"The cracks in the tiles [in the shower] are so bad that we're worried we'll wreck the waterproofing if we use it," Ms Richardson said.

Her ceiling and walls also have substantial cracks and a builder's report listed earthquake as the cause.

However, Ms Richardson's claim to repair the damage was rejected by her insurer, Allianz, after an engineer appointed by the company said the damage pre-existed due to general soil movement.

Jade Richardson is worried about water damage after the tiles cracked. (Supplied: Jade Richardson)

She has now taken her case to the Australian Financial Complaints Authority.

"They've [Allianz] acknowledged that a builder said that this was earthquake damage, but they aren't paying it because of previous cracks," Ms Richardson said.

"That to me just seems completely unfair."

The ordeal has made Ms Richardson question the worth of having home insurance.

"I've been paying this insurance policy for about nine years and the one time I claim on it, for something that I witnessed happen, they've told me no," she said.

Allianz declined an interview, but in a statement told the ABC it "strives to fulfil the insurance policy promises we make to our customers and take seriously their views about our initial decisions".

Allianz said it was seeking additional reports from different engineering companies for some earthquake claims, which had resulted in a different outcome in some cases.

Other home owners in the region are facing the same predicament.

When the earthquake struck in August, Troy Mussio's world was shaken in a different way.

His six-year-old son Tom was in the midst of treatment for leukaemia.

"We've got a lot of emotional turmoil and stress going on," Mr Mussio said.

"We're about a year into a cancer battle and we've got another probably 16 to 18 months of treatment in front of us."

As he faces a battle against his insurer, Troy Mussio's son Tom is battling leukaemia. (Supplied: Troy Mussio)

Mr Mussio owns an investment property in Muswellbrook.

He lodged a claim with his insurer, Allianz, after visible cracks appeared in his property's walls.

"We received some feedback saying that they've knocked the claim back, they're not accepting it and it's all pre-existing damage from soil movement," Mr Mussio said.

He now faces a lengthy battle with his insurer as he pursues a review of his claim.

"It detracts our focus and energy from our son's cancer battle and we shouldn't have to do this," Mr Mussio said.

"We shouldn't have to be dealing with a large multinational insurer fobbing off their responsibilities in lieu of caring for our son the best way that we can."

Allianz said it would review Mr Mussio's claim based on additional evidence provided to them.

Troy Mussio is frustrated that fighting his insurer is taking focus away from his son's care. (Supplied: Troy Mussio)

In October, a federal inquiry into how insurers handled the 2022 floods found they "failed too many people".

Federal Member for Hunter Dan Repacholi said the situation in Muswellbrook felt like "groundhog day" with insurance companies.

Dan Repacholi has called the behaviour of insurance companies "disgraceful". (ABC Upper Hunter: Amelia Bernasconi)

"It's absolutely disgusting [behaviour] by these insurance companies, what they're doing to these poor people that have been through over 45 earthquakes in the last 60 days," he said.

"It's an absolute disgrace and they need to really pull their heads in."

NSW Premier Chris Minns also expressed frustration towards insurance companies.

"People pay insurance often their whole lives and expect the cover to be there when things go bad," he said.

"Wherever we see it we call it out and demand the insurance companies are onsite."

To help the community with the clean-up, Muswellbrook Shire Council is seeking a Natural Disaster Declaration for the earthquake swarm.

Jeff Drayton says he shares the frustration of residents struggling with insurance claims. (ABC Upper Hunter: Jake Lapham)

Mayor Jeff Drayton said he was extremely frustrated by the situation with both government and insurers.

"Some of the damage in the community is quite extreme," he said.

"There's certainly a number of people concerned about whether their houses are even safe to keep living in."