Insurer Sued By Figtree Flood Victim
Illawarra Mercury
Thursday March 2, 2000
Eighteen months after his motorhome was deluged in Wollongong's floods, Karl Simeon has taken his insurance company to court.
Mr Simeon, who was living in Arrow St, Figtree, when the floods hit on August 17, 1998, claims Lumley General Insurance wrote off the vehicle and now he wants the company to repay him the $34,000 the motorhome was insured for, plus a further $2000 for the ruined contents.
Yesterday the Tuross Heads physiotherapist took his civil action against Lumley and its assessor to Wollongong Local Court.
Mr Simeon told the court his 1986 Mazda T3500 was parked outside his home during the floods. He said the vehicle was submerged to a depth of one metre in a combination of stormwater and sewage, which took three hours to abate.
He said he contacted Lumley on August 19 and advised the firm he would be putting in a claim, then he and his wife relocated to Austinmer because both their home and the motorhome were uninhabitable.
Eights days after the floods he alleges Anita Lawton of Lumley told him the company's assessor - Peter Blass Auto Craft at Bellambi - had written off the motorhome. He said the write-off was confirmed later that same day by Peter Blass.
Mr Simeon told the court he had not driven the motorhome because he was advised not to do so by three separate mechanics, but he assumed someone would come to Figtree to assess it.
When a tilt truck arrived at his home on August 29 to pick up the motorhome he said he was told by the driver it was going to Minto to an auction yard where flooded vehicles were being sold off.
Counsel for Lumley, Matt Vesper, was unsuccessful yesterday in an application to have the witness statement of Ms Lawton tendered without her making an appearance, on the grounds that she is seven months pregnant and her obstetrician thought it inadvisable that she travel from Sydney.
Under cross-examination from Mr Simeon's counsel, David Smallbone, Mr Blass said he had told Lumley the firm should inspect the vehicle but he said he could not remember whether or not he had recommended it be written off.
``It's impossible for me to make a recommendation if I haven't seen the vehicle," he said.
Mr Blass said he formed the opinion that the motorhome could be a write-off on information supplied by Mr Simeon and he said it was possible he had told Mr Simeon this.
The court heard the largely dismantled motorhome is currently at Gladesville in the possession of Lumley's agent, RGBadman Motors.
The hearing, before magistrate Paul Johnson, continues today.
© 2000 Illawarra Mercury
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