Elderly B.C. man wins $425k battle with insurance corporation

George Apostolidis, who is described in court documents as an illiterate widower, was in need of funds.

A B.C. Supreme Court judge sided with an elderly West Kelowna man whose insurer tried to deny him a $425,000 claim after his house burned down.

George Apostolidis, who is described in court documents as an illiterate widower, owned a home on Alexander Place. On Sept. 22, 2015 he and his new partner had gone to Penticton for the night and the house caught fire.

The home-destroying blaze was deemed an arson when an accelerant was found and Canadian Northern Shield Insurance Company, denied coverage of $425,000.

In their estimation, it was “more than likely” the 76-year-old intentionally caused the fire himself or hired someone else to do so.

READ MORE: ARSON SUSPECTED

In a written decision, however, Justice Ian Crawford Meiklem combed through the argument of the insurance company and found it to be lacking.

To start, when investigators went to the house they saw signs of mischief.

Graffiti reading “satan is king,” “burn in hell,” “die” and “666” on the concrete patio adjacent to the swimming pool, as well as “666” on the retaining wall adjacent to the driveway.

There were no signs of forced entry to any of the doors, but a padlocked gate at the back of the house had been broken open. Red paint smears were found on the locking lever of a sliding glass door on the lower level near the pool area and on the adjacent light switch cover.

“The plaintiff’s overnight stay in Penticton means that it is virtually a certainty that the plaintiff did not commit the arson himself,” writes Justice Meiklem.

“It could be said that hypothetically the opportunity to hire a third party arsonist is available to any insured with unsavoury connections … In this case, there was no evidence connecting the plaintiff to anyone who might be the arsonist, despite investigations having been conducted by both the RCMP and the defendant.”

The insurance company also argued that the elderly man had an “obvious financial motive to have his house destroyed by fire.”

With the death of his wife in March 2014, he lost the person who was looking after his finances and quickly discovered that he was left with only regular income from pensions totalling approximately $1,000 per month and his savings.

His savings as of September 2014 were approximately $64,000 USD, and had been reduced by September 2015 to approximately $30,000 USD. His monthly mortgage and loan payments were $4,500.

Apostolidis’s taxable income in 2014 was $11,233.

“The plaintiff denied that he was selling his house for financial reasons, but because at 7,000 square-feet it was far too large for himself as a widower,” said Meiklem.

Apostolidis also planned to relocate to Hawaii, where he had previously lived and owned restaurants. This plan had been in place even before the death of his wife.

Apostolidis had also argued that he had equity in his home of approximately $200,000, he was up-to-date on all his financial obligations and had enough money to continue to service his mortgages and other expenses.

Altogether the savings would only allow him to service his debts for another six months, unless he obtained a new source of income or sold his house.

“If neither of those events occurred, he would be in a desperate financial situation at the end of six months,” said Meiklem.

“Obviously selling the house would probably have been more financially beneficial than any insurance settlement following either a total loss of the house or a partial loss. One might think that having obtained an accepted offer after two price drops over several months of market exposure, Mr. Apostolidis would be optimistic that he had found the market, rather than pessimistic enough to commit arson. If his motivation was to simply free himself from the mortgage payments, he of course had the obvious option of lowering the list price further. In his circumstances, he would have been the quintessential motivated seller.”

Meiklem ordered the insurance company to award Apostolidis his claim along with costs.

To report a typo, email:
newstips@kelownacapnews.com
.


@KelownaNewsKat
kmichaels@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Farmers’ market needs more food vendors

‘We really don’t want to lose membership’

Tsilhqot’in gather sacred water from Teztan Biny for Vancouver World Water Day event

The Nation is asking supporters to gather outside the BC Court of Appeal for the ceremony on Friday, March 22

Bill passes to make Sept. 30 National Day for Truth and Reconciliation statutory holiday

Residential school survivor Phyllis Webstad and CRD Area F director Joan Sorley were in Ottawa for the vote

Carey Price

A weekly sports column from the 100 Mile Free Press

100 Mile House Wranglers eliminated from KIJHL playoffs

Second year in a row the team has been eliminated by the Revelstoke Grizzlies

After mosque attacks, New Zealand bans ‘military-style’ guns

The gunman killed 50 in a Christchurch mosque

ICBC shifts to Alberta model, with higher rates, private insurers say

Minor injury cap, court restrictions take effect April 1 in B.C.

B.C., feds accused of ‘environmental racism’ over Site C, Mount Polley

Amnesty International Canada says governments failed to recognize threats to Indigenous peoples

New Leger polls suggests federal Liberals lagging Conservatives

Overall, 31 per cent of respondents polled said they would vote for Justin Trudeau’s Liberals

Number of homeless deaths more than doubled in B.C. as opioid crisis set in

New data shows trend between more overdose deaths and the number of people dying in the street

Four people spat on in ‘random, unprovoked’ assaults: Vancouver police

Police ask additional victims to come forward after woman in a wheelchair spat on

Teen girl accused in plot to attack Kamloops school with weapons out on bail

Judge warned the girl she would be back in jail if she threatened to shoot anyone

Crown drops one assault charge against B.C. man linked to human remains probe

Curtis Wayne Sagmoen will still stand trial on one count of assault causing bodily harm in December.

Most Read