Page 147 - Bundle for MF Final
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Bates no 146
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APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 5:CHRONOLOGY OF INSURANCE CLAIMS
5.27 JOINT SETTLEMENT MEETING: 9 MARCH 2018
TH
123. The Joint Settlement Meeting was held 105 on 9 March 2018. LPJS sent the Claimant an
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SMS message while the meeting was in progress to remind him to disclose all the
compensation he had received and from his response she believed that he had. However,
it appears that the Claimant may not have told Kingsley Napley that he had qualified as a
ground training instructor and the negotiation was more likely on the understanding that
his residual earnings - as a low-grade office-personnel worker-would be limited to
£30,000 per annum.
124. Damages of £460,000.00 [or £325,159.94 after offsetting interim payments of
£40.000 and a success fee of £95,000 payable by the C/aimant 06Jwere agreed. The
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Claimant was disappointed. However, LP JS hoped and believed that the reduction of the
Claimant's expectation of a million pounds plus settlement to £460,000 was attributable
to an adjustment for the AIG and Cirencester Friendly policies.
5.28 HISTORY OF INTERIM PAYMENTS
125. The Claimant had continuously pressurised Kingsley Napley to obtain interim payments
from Diamond Insurance, pleading penury to the point of bankruptcy, when he had
£900,000 in his bank account.
For example:
• On 20 January 2017 he told Kingsley Napley that he had paid f250k10 into the
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mortgage account, was struggling financially and "that's why I need the interim
payments.... This money is not holiday or party money. lt"s in our' � Barclays
0
mortgage account;
• On 13 June 2017, he said had it not been for the Cirencester Friendly income
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replacement policy he would have been "homeless and no one would have
looked after him";
• On 17 June 2017, he told Kingsley Napley that the Cirencester policy had saved
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him from going bankrupt;
• In his February 2018 witness statement, he said that he had only survived because
of the Cirencester policy and that it "saved him from ruin".
All of the above - and other tales of a like kind - were deliberate lies to extract interim
payments and other compensation from Diamond Insurance. � WU,l �
j,/c N t,,, �
5
10 Kingsley Napley
106 And which were recoverable under the AIG policy, but not claimed
107 He could not admit the truth that the payment was for £500,000
108 It was not his account
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