Courts

Wednesday 20 August 2014

Ex-TD 'didn't want to get involved' in claims row

Tim Healy

Published 07/12/2012 | 05:00

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MARY O'Rourke "did not want to get involved" in a row about insurance costs for a flooded house, the High Court heard.

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The former TD and minister had been asked to give evidence in an action brought by Donald McIntyre against Insurance firm Allianz Plc, arising out of an arbitration decision that took place in late 2011.

The McIntyres got into dispute with the insurance firm after a water leak in June 2008.

It caused what he claims was severe damage to the home he shares with his wife Anna and their two daughters at Ballyboy, Kilcormac, Co Offaly.

Liability was accepted by Allianz, who offered the family €120,000, but the McIntryres rejected that offer, claiming the cost of repairing the damage was approximately €300,000.

The matter went to arbitration and Athlone-based engineer Malachi Cullen acted as arbitrator. In December of 2011, Mr Cullen ruled the McIntyres were entitled to €108,000. The McIntyres are seeking to have the arbitration set aside and for a new arbitration to start.

The McIntyres claim Allianz loss adjuster Kevin Clabby and Mr Cullen are well known to each other. They claim Ms O'Rourke can confirm this.

In an affidavit sworn by a solicitor acting for the plaintiffs, Ms O'Rourke allegedly said in a phone call last September that she didn't want "to do the dirt on them".

Ms O'Rourke was subpoenaed last Sunday night, but a barrister representing her handed in a doctor's cert saying she was not able to attend court.

Ms Justice Mary Laffoy accepted the cert and ordered that the case proceed.

The case continues.

Irish Independent

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