Van Man Loses Bid For Flood Compo
Illawarra Mercury
Monday March 20, 2000
A South Coast man whose motorhome was submerged during Wollongong's 1998 floods has failed in a bid to win compensation from his insurance company.
Physiotherapist Karl Simeon claimed his insurer, Lumley General Insurance Company, had written off the motorhome which was parked outside his home in Arrow St, Figtree when the rainstorm hit on August 17.
Mr Simeon, who now lives at Tuross Heads, earlier this month sued Lumley and its assessor, Peter Blass Auto Craft at Bellambi, for $36,000 compensation - the insured value of the 1986 Mazda TR1500 motorhome plus $2000 for its contents.
During a two-day civil hearing in Wollongong Local Court, Mr Simeon said the motorhome was submerged to a depth of 1m in stormwater and sewage. He said eight days after the flood a representative of Lumley had informed him the vehicle was a write-off - a claim the insurance company denied.
On August 29 a truck picked up the motorhome, with the driver informing Mr Simeon it would be taken to an auction yard where flooded vehicles were being sold off. The court heard the dismantled motorhome was now at Gladesville, in the possession of an agent of the insurance company.
Counsel for Lumley told the court the motorhome was never formally considered a write-off either by Lumley or its assessor, Peter Blass.
The court was told Mr Simeon who had been trying to sell the motorhome at the time of the flood, was ``looking for a windfall".
Magistrate Paul Johnson found there was no evidence to prove the insurer had wrongfully detained Mr Simeon's motorhome. He said the court could not be satisfied, on the balance of evidence, that either Lumley or Peter Blass had treated the vehicle as a total loss.
He ruled the defendants had case to answer and ordered Mr Simeon to pay the court costs of both Lumley and Peter Blass within 28 days.
© 2000 Illawarra Mercury
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