Thursday 18 December 2014

Flood family who lived in Four Seasons settle case

Tim Healy and Cormac McQuinn

Published 22/01/2014 | 07:24

Ann Marie Glennon Cully with her daughter Zara and son Zane

A FAMILY who lived in Dublin's Four Seasons Hotel during a dispute with their insurers over flood damage to their home have settled their High Court action.

In October 2011, Ann Marie Glennon Cully and her adult children, Zane and Zara, moved into a one-bedroom apartment at the Four Seasons after their home at Victoria House, St John's Road, Sandymount, Dublin, was extensively flood-damaged a second time. The house was first flood-damaged in late 2009.

They sued AXA Insurance Ltd after the parties failed to agree on issues related to the nature of repair works to the family’s home which, it was alleged, had been badly damaged. AXA had opposed the family's action and had denied any wrongdoing.

When the matter had previously come before the court AXA said it had paid €159,000 and last February said it would pay another €645,000 but disputed liability for any more.

SETTLEMENT

Yesterday at the High Court, Mr Justice Paul Gilligan was informed by Cormac Ó Dúlacháin SC, for the family, that the matter had been resolved and the case could be struck out.

No details of the settlement were revealed.

Ms Glennon Cully did not respond to Herald requests for comment on the end of the case last night. She and her children had sought €900,000 for the flood damage to the property.

The family lived in the Four Seasons apartment since a second flooding incident at the house in October 2011.

Pictures of the house submitted as part of a planning application for repairs to the roof – works which were separate to the family's claim – showed ripped-up floors, exposed pipes, cracks in ceilings and boarded-up windows.

In a statement issued through their solicitor last year, the family defended their accommodation in the Four Seasons apartment while the case dragged on, saying that their insurance policy allowed them “the reasonable cost of similar accommodation” to their damaged house. They said last February that they “cannot wait to get back to our home”.

A Commercial Court hearing last May was told that they were under pressure to leave the Four Seasons as it was due to be sold in June.

ARBITRATiON

At that hearing Mr Justice Peter Kelly said that the case was not a Commercial Court matter and did not involve arbitration issues.

He said he was not required to deal with it any longer and it would be dealt with by another High Court judge, remarking: “Mercifully, I will be spared having to deal further with these matters”.

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