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

Langley Fastball Association wins Association of the Year

Award at SoftballBC Awards Gala in Kamloops

Langley rollover crash slows traffic on 200 Street in Willoughby

Crews called to Monday afternoon collision involving two cars

VIDEO: Langley BMX racers propel pumpkins down their track

Once the standard race day was over, riders let a series of gourds roll down their Brookswood track.

Fort Langley wakes up to a flower bombing

A team from a village floral shop wanted to do a beautification project.

Abbotsford mom stuck in Africa over adoption delay

Kim and Clark Moran have been waiting four weeks to bring son home

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

35 rescued off whale watching boat in Georgia Strait

Tour company says vessel experienced some kind of mechanical issue

Pipeline opponents blast Trans Mountain re-approval plan

Environmental advocates, First Nations leaders say NEB review has same flaws as it had before

Opioid crisis may be shortening British Columbians’ life expectancy: report

Canada among healthiest wealthy countries, but 8,000 overdose deaths since 2016 are causing concern

B.C. cold case helps ‘60 Minutes’ explain genetic genealogy

An arrest in the 1987 double-murder of two people from Victoria was one of three examples highlighted in a segment you can watch here

Delivery of cannabis could be impacted by postal strike

BC Liquor Distribution Branch look at alternative third-party delivery services

Around the BCHL: Chilliwack Chiefs snag spot in CJHL national rankings

Around the BCHL is a look at what’s happening in the BCHL and the junior A world.

Rural regions get priority for B.C. referendum mail-out

Ballot security measures aim to protect against voter fraud

B.C.’s natural gas supply could see 50% dip through winter due to pipeline blast

It’s been two weeks since the Enbridge pipeline ruptured near Prince George on Oct. 9, sparking a large fireball

Most Read