Sunday 20 October 2019

Insurance row family told to leave Four Seasons

Ann Marie Glennon Cully with her daughter Zara and son Zane
Ann Marie Glennon Cully with her daughter Zara and son Zane

Tim Healy

A FAMILY have been told to leave their apartment at the Four Seasons Hotel, where they have been staying amid a dispute with their insurer over costs of repairing their home, a court has heard.

The dispute involving Ann Marie Glennon Cully's family's exact entitlements from Axa Insurance Ltd remains unresolved, the court was told.

They have been told they must leave their rented one-bedroom apartment by June 6.

"Mercifully, I will be spared having to deal further with these matters," said Mr Justice Peter Kelly.

The dispute between Ms Glennon Cully and AXA will be thrashed out later at a full hearing before another judge.

In October 2011, Ms Glennon Cully and her adult children Zane and Zara moved into the one-bedroom apartment at Dublin's Four Seasons Hotel complex.

They moved after their home at Victoria House, St John's Road, Sandymount, Dublin, was extensively flood-damaged a second time.

They previously told the court they were unable to obtain suitable other accommodation, pending the repair work.

They sued AXA after failure to agree on issues related to the nature of repair works to the house, described as essentially derelict.

AXA had paid €159,000 and last February said it would pay another €645,000 – but disputed liability for any more. Any additional liability would have to be determined at a full hearing, the court was told.

Yesterday, the judge heard AXA was reluctant to pay out the full €645,000 until the family allows it inspection facilities concerning the repair works.

Michael Forde, for the family, complained that they had received just €40,000 of the €645,000 and had used that to pay bills. The family had expected to be paid a substantial amount of the €645,000 promptly, he said.

They were under pressure to move from their flat by June 6 as they were told it was to be sold – and had nowhere else to go because they were unable to prove that they could pay rent, he said.

Paul Fogarty, for AXA, said very little progress had been made since the matter was before the court last.

DETERIORATE

The company had been shown no draft contracts for repair works and was anxious the €645,000 would be used for such works.

The judge said his understanding of AXA's stance last February was it would pay the €645,000 and leave it to the family to organise the repairs themselves, with the court to later decide the issue of any additional liability. Mr Fogarty said AXA became concerned after receiving a letter indicating the family "would use the money for what they liked".

If the money was not used properly, the property would still deteriorate, raising issues about AXA's future liability, he said.

AXA did not want to supervise the repair works but rather wanted inspection facilities to ensure works were being carried out, he added.

The judge said this was not a Commercial Court matter and did not involve arbitration issues. He was not required to deal with it any longer and it would be dealt with by another High Court judge.

The stay on the costs order will continue.

Irish Independent

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