A FAMILY in dispute with their insurer over costs of repairs to their water-damaged home have been told they must leave their apartment in Dublin's Four Seasons Hotel next week, a judge was told yesterday.
Mr Justice Peter Kelly was told the dispute over Ann Marie Glennon Cully's family's exact entitlements from Axa Insurance Ltd remains unresolved and they have been told they must leave their rented one-bed apartment by June 6.
"Mercifully, I will be spared having to deal further with these matters," the judge remarked, noting the dispute between Ms Glennon Cully and Axa will be thrashed out later at a 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 after their home at Victoria House, St John's Road, Sandymount, Dublin, was extensively flood-damaged.
They previously told the court they were unable to obtain suitable other accommodation.
They sued Axa after failure to agree on issues related to the nature of repair works.
Axa had paid €159,000 and last February said it would pay another €645,000 but disputed liability for any more.
Yesterday, the judge heard Axa is reluctant to pay out the full €645,000 until the family allows it inspection facilities concerning the repair works.
Michael Forde, for the family, said 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, were under pressure to move from their flat by June 6 and had nowhere else to go because they were unable to prove 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.
The judge said he had refused certain interim orders sought by the family earlier this year but, in a bid to ensure good sense would prevail, he had put a stay on a costs order "in the hope, rather than expectation" the matter would be solved satisfactorily.
The case will come before another judge next month.