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will my questions be answered immediately via this one on one ? or will you simply "get back to me"?
JA: Has anything been filed or reported?
Customer: no, as my goal is to contact an ombudsman for advice..
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you. thank you for asking.
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Answered in 5 minutes by:
11/20/2017
John Melis
Category: Australia Law
Satisfied Customers: 989
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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What were your questions that you raised ?

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Customer reply replied 28 days ago
Feb Cyclone 2017. My insurer since 2003 Allianz. Insured for Natural Disaster, Cyclone, Flood, House and Contents and all external. 2009 built my own dwelling on 10 acres , high on gold coast hinterland. Allianz was aware that my new premises was Concrete tiled flooring, with Steel frame, interior plaster , exterior Colour Bond. The time of the Cyclone in February the Deluge of water ( ex 900ml in 24hrs ) over a period of 3 solid days had soil, mud, rock, trees, dirt etc moving in mass amounts from the land and hills around me, mud banking up over external foundation of home, Also that much water at once had my Gutters ( complete with gutter guard ) unable to drain all falling rains and water entering internal walls via sealed roof. My childrens Rooms Completely Flooded, with on room loosing everything. One month after lodge claim insurance came to assess as Mould now growing on walls from floor up. Today I contacted Allianz in regards ***** ***** and to ask alternative communication with Allianz as the assessor is too abrupt for me, as myself and my daughters are mending from Domestic and Sexual Violence against woman & children since 2012. Triggers are ongoing and I found the dominating tone and abrupt nature of insurance assessor incompatible with how I accept to be approached and spoken too. My call placed to Allianz this morning, 20 /11/17 had me informed that my policy was cancelled 19/11/17 and Allianz will not be contributing to any claims to water as they state that my home is not a home but a shed. That my home is not water tight, and that all contents loss is Nil and Void. Now Allianz , has updated my house and contents insurance every year for any extra's, hence I am covered for Natural Disaster, Cyclone, Flood on dwelling as well as any and all car ports, sheds, tanks etc... on my property. In yearly updates Allianz ask what floor is made of, walls, frame work, exterior walls.. They have documented information. All of my business files for ATO was lost in Cyclone flooding, as too was all home Papers. Allianz inform me that I can dispute matter and that Allianz will take no accountability in regards ***** ***** my funds for House & Land insurance since 2009. I asked Allianz to prove to me that they do not have all above information on there files, and they refuse. What say You?regards,
Tracy

You can commence proceedings against Allianz and subpoena that information through the discovery process if they are not willing to assist in disclosure.

Have you considered this option ?

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Customer reply replied 28 days ago
NO, I have not considered this option John, as I am opening myself up to obtain information in to this matter from an ombudsman.
Please explain to me the subpoena and the discovery process please.

Ok, what needs to happen is that an action (Claim) is brought against the insurer, and you can then use this process during the stages of discovery to request disclosure of documents, reports, file notes, in order to assist your case, as long as they are not privileged.

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Customer reply replied 28 days ago
as long as they are not privileged, ?What is this term?

This means they are used for private person under a client lawyer relationship.

Which I do not think it will the case in you situation and you will be able to claim disclosure.

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Customer reply replied 28 days ago
what is to Claim Disclosure.

In litigation both parties need to provide proper disclosure of information when a claim is raised so that judgment can be just and fair.

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Customer reply replied 28 days ago
ok
knowing that all of my paper(s) are destroyed and no longer on my person, how can I ask for this information and investigation to take place with integrity?
also, how will we be 100% that Allianz is submitting all information since 2003. As this is when I first held policy, therefore Allianz being made aware of rental to home owner in 2009.also, in your Professional Knowledge and Experience, what else should I be looking out for in regards ***** ***** from Allianz?
Customer reply replied 28 days ago
Also, Knowing that this coverage was for Flood, Cyclone and Natural Disaster towards all of my property, how can they deny me and cancel policy with out negotiations..?
Customer reply replied 28 days ago
Also, as Allianz was aware of Materials that my home is made from, how can they Legally turn about and tell me that it is NOT WATER TIGHT? where is there evidence of this? knowing that my home had been through a cyclone a couple of years prior without this years cyclone devastating results?
Customer reply replied 28 days ago
It makes absolutely no Common Sense, How can and Ombudsman like you inform a civilian like me in regards ***** ***** of Unjust.?

From your posts it seems you have a good claim to raise, but you need that information from the other side.

Your next step is to have a detailed telephone discussion on your matter.

Is this something you would to do ?

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Customer reply replied 28 days ago
a Detailed phone call,
Can you please answer prior questions first.
Thank you.Tracy

Tracy I am not the ombudsman, you are chatting on a legal forum for questions. I am an Australian lawyer answering your very important matters raised.

The ombudsman you can raise a complaint too, but I recommend in your case the next step is to raise a legal action after a full assessment of all details.

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Customer reply replied 28 days ago
lodging requires funds,
Legal matters in regards ***** ***** DV and Child sexual abuse had me with lawyers from 2012 - 1015.
What kind of Funds are you expecting from me for such a case?

Depending on your circumstance you may be able to get legal aid to represent you in this matter. But you will need to go through their assessment process first.

Is this something you would like to try ?

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Customer reply replied 28 days ago
how can an insurance company take payments from me for 9 years and then simply cease my policy without review?

Well you are right, and this is a question for the court to determine.

Do you want to pursue such claim in the court ?

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Customer reply replied 28 days ago
understand , but in your professional advice, please answer -how can an insurance company take payments from me for 9 years and then simply cease my policy without review?

The answer to that question will be under the policy conditions that was signed in related to payments made under the policy.

If payment time frames were missed or risk events were nor covered under the policy then the insurer will be able to cancel the same at their will,

It will be subject to the policy wording .

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Customer reply replied 28 days ago
Updates of policy were taken via phone calls, asked information by Allianz, since 2008. If they can call to upgrade my policy, then would not they be able to see the materials home is made from? and would Allianz really call me to upgrade policy to invest more of my money to then cancel policy?

All insurers issue policies in printed format whether by paper or digitally, this meaning the entire policy risk situation, not just updating the annual policy for payment.

I suggest you review their written policy in regards ***** ***** if you have not done so already.

What do you think ?

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Customer reply replied 28 days ago
thank you , so very much.
your communications have been of great value.kind regards
Tracy

You are most welcome.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

John Melis
Category: Australia Law
Satisfied Customers: 989
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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John Melis
John Melis
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