Page 131 - Bundle for MF Final

Bates no 130

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APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 5:CHRONOLOGY OF INSURANCE CLAIMS
5 THE INSURANCE CLAIMS

5.1 OVERVIEW

36. The insurance claims, summarised below, resulted from a road traffic accident on 29 th
April 2014 when the Claimant was knocked off his racing bicycle [while off duty and
training for a competitive event] by Ms Emma Curran. Ms Curran was insured by
Diamond Insurance and she admitted liability.

37. Although LPJS did not discover the facts until recently 26 , the claims appear to be as follows
(Attachment 1);

Date paid Carrier Policy and residual" occupation Amount
2016
4 May to vear end Cirencester Loss of earninqs £37,691.55
th
th
27 September easyJet Loss of Licence: Own Occupation
(1.2 t0 1.3 times salary) £144,890.92
To aqe 60
11 u, October Hiscox Loss of Licence: Usual occupation
0
£ 25 0 46 60
th
26 October AIG Group Personal Accident & Travel -
fixed Benefits: Residual occupation £525,397.60
(4 times salary++) Own occupation
22 nd December Diamond IP Third party claim: Any occupation £19,000.00
Total for vear ' £977,026.07
2017
2017 Year Clrencester Income replacement: Any occupation £50,328.75
13 September Diamond IP Third party claim £20,000.00
th
Total for vear B £70;328.75
2018
20 April Diamond Personal Accident: Any occupation £325,159.94
th
20 April (Costs Diamond CFA £35,840.06
th
Kingsley Napley)
20 April (Costs Diamond CFA £60,000.00
th
Klnqsley Naplev)
th
20 April (Costs Diamond Third party claim £377,835.S2
Kingsley Napley) Anv occupation
January to May Cirencester Income replacement £13,205.40
Total for vear 4i X ' £812,040.92
.,
Total i'; y ¥ ,, £1,859,395.74
Diamond's own legal costs.(Hf) £201,977.49
Cost of claim to Diamond £1,039,813.02
TOTALCOSTTOINSURERS £1,859,395.74
NET BENEFIT TO MR SOLHEIM excluding costs. £1,385,720.16
38. Kingsley Napley's fees and costs were £377,835.52; reimbursed by Diamond Insurance
and £95,840.06 paid by Mr Solheim as a "success fee".

39. The AIG, Cirencester Friendly and Diamond Insurance personal accident policies were
overlapping and it is arguable that the easyJet and Hiscox coverage for loss of his pilot's
licence were also duplicative (see the Gourlay principle: paragraph 163).

26 And may still be incomplete
27 "Own occupation" means residual income a pilot. Any occupation means that any and all residual income has to
be deducted from the settlement
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