www.TheAustralian.com.au
7.9.12
 |
| Brisbane Road Goodna looking west towards Bertha St at the height of the Brisbane River flood 11-13 January 2011 |
A SOUTHERN Queensland couple whose home was destroyed in devastating floods last year have won a major victory against their insurance company.
Les and Lois Cameron's home in Goodna, south of Brisbane, was ruined last January as Woogaroo Creek flooded to near-record levels.
But RACQ did not pay out their insurance claim, arguing the damage was due to flash flooding, which was not covered by the Camerons' policy.
The state's Financial Ombudsman this week ruled in favour of the Camerons.
Ipswich councillor Paul Tully, a vocal advocate for flood victims, said the couple would receive a settlement of up to $100,000.
Cr Tully said he hoped the decision would set a precedent for others whose claims had been rejected.
"This decision offers fresh hope for flood victims who may be able to use this decision as a test case," he said.
"I urge all flood victims in Ipswich and Brisbane whose insurance companies refused to pay out their claims to now appeal those decisions to the Financial Ombudsman Service."
The Insurance Council of Australia (ICA) urged Mr Tully not to offer false hope to flood victims.
"Many have already been through the dispute resolution process after the heartbreak of the Queensland floods," the ICA said in a statement.
ICA members are bound by the ombudsman's decisions but it said each dispute was decided on its own merits.
"One claim in no way sets a legal precedent," it said.
Less than one per cent of claims in 2011 were referred to the ombudsman with more than half determined in favour of the insurer, the ICA said.
Les and Lois Cameron's home in Goodna, south of Brisbane, was ruined last January as Woogaroo Creek flooded to near-record levels.
But RACQ did not pay out their insurance claim, arguing the damage was due to flash flooding, which was not covered by the Camerons' policy.
The state's Financial Ombudsman this week ruled in favour of the Camerons.
Ipswich councillor Paul Tully, a vocal advocate for flood victims, said the couple would receive a settlement of up to $100,000.
Cr Tully said he hoped the decision would set a precedent for others whose claims had been rejected.
"This decision offers fresh hope for flood victims who may be able to use this decision as a test case," he said.
"I urge all flood victims in Ipswich and Brisbane whose insurance companies refused to pay out their claims to now appeal those decisions to the Financial Ombudsman Service."
The Insurance Council of Australia (ICA) urged Mr Tully not to offer false hope to flood victims.
"Many have already been through the dispute resolution process after the heartbreak of the Queensland floods," the ICA said in a statement.
ICA members are bound by the ombudsman's decisions but it said each dispute was decided on its own merits.
"One claim in no way sets a legal precedent," it said.
Less than one per cent of claims in 2011 were referred to the ombudsman with more than half determined in favour of the insurer, the ICA said.
www.TheAustralian.com.au
7.9.12
