Lockyer Hotel Water Damage Claim

Testimonial - Mee Brothers

On the 11th January 2011 our hotel at Forest Hill near Gatton was initially inundated with storm and rain water before one (1) meter of water from the Toowoomba rain storm swept through. It put us out of action for quite a few weeks and interrupted our business for several months.

We were actually still insured through a different broker to Premier at the time and they lodged a claim with our insurers Altiora Underwriting Agency (Lloyd’s of London) who engaged a hydrologist to investigate the cause of damage. To cut a long story short they said it was flood and flood was excluded so no claim. The old broker agreed and sent us an email washing their hands of any further action. 

Our other business interests were insured through Scott at Premier and he asked for the details of the claim and went into bat. First thing was to get a copy of the hydrologist report which clearly stated that 100mm of storm water ran through the pub before the flood waters arrived. Scott argued that this was storm water and it was insured and this damage should have been paid for by the insurers.

They still said no and would not pay. Our next move was to engage legal advice to add weight to our argument with insurers and to show them we were no shying away from a fight. David Muir from HWL Ebsworth provided a thorough assessment of the cause damage and policy assessment that concurred with Scott’s assessment that insurers should pay.

We submitted the legal advice to insurers and they still maintained their position of no claim due to damage being caused by flood.

Scott’s next move was to provide a submission to the Financial Ombudsman Service  (FOS) outlining the damage caused, the hydrologist report, supporting legal advice and policy wording details. This was a lengthy process and Scott stayed with the claim the whole way through and never doubted our right to a settlement under the terms of the policy coverage. 

Two (2) years and 167 days later we signed a discharge for settlement for the storm damage that we were very happy with. This included interest on top of the settlement for the delays caused by the insurers.

We are very happy with the result and cannot recommend Scott and his team at Premier more highly.

Cheers,
Tony and Greg Mee

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Last modified: October 26 2017