› Flat Chat Strata Forum › The Professionals › Suing the (OC)-Medical Bills/loss of income-injury › Current Page
It is unfair to consider someone’s past history in a present legal question. An Example: you cannot consider a woman’s past sexual history on an allegation of rape. Since we share experiences, I acquired Pseudomonas aeruginosa from swimming in the body corporate pool. I notified our body corporate high profile insurer, who assigned a lawyer to investigate. The lawyer did not require a statement of facts from me or my witnesses, nor the sworn pics of the condition, nor the medical report. He simply stated if I was successful, I would not meet the minimum compensation amount so the matter was over. I reported this to the Insurance Commission who required the insurer to look into the matter. They did. The insurer informed the commission that an in-house investigation was had and statements taken, and that they, the insurer, were not liable. I informed the commission that the investigation had no integrity if the victim and the victim’s evidence was not considered (because it was not asked for), but the commission then said although they look into Strata insurance matters, they considered this a personal liability issue and that is beyond the scope of their jurisdiction. The pool was maintained by a friend of the executive who was licensed, but not as competent as I would like because he did this job on the side from his regular job. Unfortunately, our executive was not indemnified. We have corrected this.