Burlington resident feels the flood relief guidelines are being interpreted too strictly - feels property that was in storage should be covered

News 100 blueBy Staff

May 19, 2015

BURLINGTON, ON

Mark Visser, a Burlington resident since 1967, feels a technicality has left him high and dry – which was not his experience when the city was drenched with more than 190 mm of rain last August 4th.

Visser sold his house in June, 2014 and put his belongings in a storage locker until he bought a new home. The storage locker he rented was flooded August 4th.

Here is the story he tells:

Submitted original claim for $6,374.00 to replace personal property (essential and non-essential) lost in the Burlington Flood

April 7: Request for compensation denied

April 13, 2015: Re-submitted new claim of $3,302.75 for essential lost property only (dining room set, bedroom furniture and mattresses)

April 30, 2015: Received word that I would receive only $770.00

Visser believes the final settlement should be $3,302.75 and not $770.00

There was a total of 310 claims submitted of which 42 were denied.  Visser points out that $ 2.97 million dollars was raised for flood relief by citizens, corporate dnations and funds from the provincial government.

He maintains “there certainly is no shortage of funds to honour my claim of #3,302.75 to replace lost essentials.”

MAY 20, 2014
Sold my home. In June my personal belongings were moved to locker #3000 at Access Storage (2177 Plains Road E. Burlington ON L7R 3T1) till I would find another home.

AUGUST 4. 2014
Heavy rains caused flooding to many parts of the city. I was away on holidays and my daughter informed me that my locker was flooded by water and mud.

AUGUST 11, 2014
I was informed that Access Storage had filed a Notice of Claim with Halton Region Legal Services, City of Burlington Legal Department, Province of Ontario Claims Management Services and CN General Claims Department

AUGUST 18, 2014
Returned to Burlington. Family and friends had cleaned out my locker. Items that could not be salvaged were deposed off and the rest was repacked into new storage boxes.
I lost most of my collectables (stuffed animals and postcards), tools, vacuum cleaner, family mementos (pictures and wedding albums), dining room set, mattresses and bedroom furniture.

AUGUST 22. 2014
I send a claim for damages in the amount of $6,374.00 to Access Storage. Claim was supported by pictures

SEPTEMBER 3. 2014
Letter from Access Storage in reply to my claim of $6,374.00 stated: “Access Storage’s Tenant Insurance does not cover damages related to flooding of water”

NOVEMBER 7(?), 2014
I attended an information meeting set up by the Burlington Community Foundation which was held at the Burlington Senior Centre located on New Street in Burlington. This Community Foundation operates under guidelines set by ODRAP (Ontario Disaster Relief Assistance Program)
– This meeting was held for flood victims who either were under insured or had no insurance at all.
– Many of those in attendance did not receive the information they were looking for. I was one of them. I was not your typical home owner who got flooded. I was a ‘storage locker resident’ I had sold my home in May and at the time of the flood had not yet purchased another one. I was ‘in between homes’.
– I was given a form called ‘Application for Assistance for Losses and Damages’ and told “make a list of ALL items and once completed, hand it in together with pictures and receipts”.

NOVEMBER 8, 2014
As requested I dropped off a letter at the Burlington Disaster Relief Committee that proofed that my property (or what was left of it after the flood), was still in storage at Access Storage on 2177 Plains Road East, Burlington

NOVEMBER 17, 2014
Submitted the Application for Assistance for Losses and Damages to the Disaster Relief Committee at the Burlington Community Foundation located at the North Service Road in Burlington

NOVEMBER 18, 2014
I dropped off a letter, at the Burlington Flood Disaster Relief Committee located at 3380 South Service Road in Burlington, with more info and additional pictures to support my claim for $6,374.00

NOVEMBER 24, 2014
I received an email from Cameron MacKenzie, Claims Adjuster for Cunningham & Lindsey. Attached was my Application Form for Assistance. The email informed me that the form was not properly filled out and was asked to print NA in all space that did not relate to my situation.

DECEMBER 1
Took possession of my new home. Before I could move in I had to purchase essential items lost during the flood such as a dining room set, bedroom furniture and mattresses. Total out of pocket costs: $3,302.75.
Copies of receipts were dropped off at the Burlington Community Foundation before the December 15 deadline.

EARLY DECEMBER, 2014
The Burlington Flood Relieve committee informed me that my application for financial assistance had been processed and that all claims will be forwarded to assurance adjusters Cunningham & Lindsey located in Mississauga.

APRIL 7, 2015
Received letter that my claim had been rejected based on:
– That property in a storage locker were not eligible for compensation under the ODRAP guidelines (Ontario Disaster Relief Assistance Program)
Visser says he checked the ODRAP website and the words ‘storage or locker’ are not mentioned in the guidelines.
– That the program is not intended to replace insurance policies provided by private insurance companies.
I provided them with proof that I was not covered by any insurance including Access Storage Inc.

APRIL 13, 2015
Received email from Burlington Community Foundation that my request to reconsider the boards decision (see April 7 letter) would be forwarded to the committee for review.
I also mentioned that I was willing to adjust my claim for $6,374.00 (essential and non-essential items) to $3,302.75 for essential lost property (dining room set, bedroom furniture and mattresses)

APRIL 30, 2015
Received word that after reviewing my claim that board decided that I would receive $770.00 if I signed and returned the enclosed Declaration. I would receive an interim payment of $385.00. The letter still listed my original claim amount for $6,374.00 and not the revised claim of $$3,302.75 as submitted on April 13, 2015

APRIL 30 or MAY 1
Under protest I signed and submitted the declaration. On the declaration I made a note that I expect that the final payment will be $2,917.75 ($3,307,55 – interim payment of $385.00).

Received copy of ODRAP guidelines (one page) from Colleen Mulholland, President and CEO, Burlington Flood Disaster Relief Committee.
NOTE: The ODRAP website has, when printed, 11 pages and nowhere is it mentioned that property held in a locker or storage unit is not eligible for compensation.

MAY 12, 2015. (My last email send to the Burlington Flood Relief Committee)
I did receive my first cheque for the amount of $385.00 as explained in the letter dated April 30, 2015.

This weekend I had some time to reflect on was has transpired over the last weeks, reread the correspondence and went online to do some research.  I would like to register the following:

1 – April 7, 2015 letter stated: “Contents held in storage are not eligible under the guidelines” I did access the ODRAP website and made a copy (11 pages). I researched the site and there is NO mention of contents held in storage. And by the way, they are called guidelines, not rules carved in stone which means there is room for decisions made and based on common sense and compassion.

2- April 30. Letter stated that after reassessment of my claim it was determined that I would be compensated for the amount of $770.00. This letter mentioned also that the amount claimed was $6,374.00. This amount was to cover all items lost included non-essential items.
After I received the letter dated April 7, 2014 I resubmitted a new claim for the amount of $3,302.75 which would cover only essential items lost such as mattresses, bedroom furniture and a dining room set.

3- When I received my first cheque for the amount of $385.00 I expected a note telling me that a second and final cheque for the amount of $2917.75 would be issued at the end of April, 2015.

Visser says: “I’m convinced that the availability of money to settle claims submitted by flood victims is not an issue. The amount raised and number of claims received tells me that there is more than enough to compensate flood victims.
Burlington citizen and businesses gave generously with the understanding that their donations would help flood victims who did not have any insurance to cover items lost.

“I think that many Burlingtonian’s would be upset to know that I received $770.00 (not even enough to buy a new mattress) compensation for the loss of $3,302.75 in essentials.

“Given the fact that the Committee’s decisions were based on the ODRAP guidelines I know that you, at the local level, did everything you could do to help me. I will not trouble you again and with little time left I have decided to go public to tell my side of the story.

Colleen Mulholland headed up the local Disaster Relief Committee.  She is out of the city but has said she will review the correspondence from Mark Visser and comment when she returns.

 

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3 comments to Burlington resident feels the flood relief guidelines are being interpreted too strictly – feels property that was in storage should be covered

  • Roger

    The claim seems to be well documented and with the guide lines. My question has ALL the money be sent out?

    Is there extra money and what is happening to it>

    I understand claims – if this was rated low then I understand why the claim not be fully paid out – however there does not be to be a clear accounting.

  • WarningU2

    Claim appears reasonable and should be covered.

  • hans jacobs

    It is unreasonable to expect flood victims to have to deal with bureaucratic nonsense in addition to their loss. Get on with it and pay the man!