Page 153 - Bundle for MF Final

Bates no 152

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APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 8: DETAILED COMMENTS

6 ALLEGED DEBILITATING TINNITUS

This Part contains additional detail on the most important elements of this case.
There are strong grounds for believing that Claimant's tinnitus was imagined, exaggerated or
existed before the accident. If this matter goes to trial the impressive medical reports and
summary produced by Mr James Arney, Counsel for Diamond Insurance will be relied on.

144. No head injury was detected at any time. Photographs show that the Claimant's crash
helmet protected him;

145. The Claimant told LPJS that it was impossible for "anyone to disprove" that he suffered
from tinnitus and in an email/SMS dated 15 January 2016 at 14.44 he said;
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"There are no medical practitioners in the world who can predict my future of tinnitus
and migraine".

146. He has always been supremely confident that he could pass any medical examination
necessary to reinstate his pilot's licence.

147. LPJS and her family observed little evidence of the Claimant's tinnitus and:
• While claiming to be unfit to fly and chasing his claim against Diamond Insurance, he
booked an extended and expensive trip to climb in the Himalayas which is described as
"among the most dangerous pursuits in the world'. LP JS suggested that he should
advise Kingsley Napley and ask for an opinion on the impact this might have on his
claim. She does not know whether the Claimant did so, but he was paranoid about
being under surveillance, cancelled the trip and claimed compensation under his travel
insurance 133 ;

• On 20 April 2018, a few days after Diamond Insurance paid out £460,000 in final
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settlement, the Claimant threw out £1Lof his medication and said: "I won't be needing
this anymore ".

This comment reveals that the tinnitus claim was a sham that had to be maintained
only until the final settlement. The same was true of the AIG concealed compensation.

148. The Claimant was confident that once he had taken a long break from work and "had
some fun·· his alleged tinnitus would disappear, and he would be able to reclaim his
pilot's licence. He told MJC that he "did not want to recover too quickly"because if he
were to be reappointed as a pilot within three years of the accident he would have to
repay compensation from Hiscox and "this would not be smart"

7 THE AIG POLICY
The Claimant has never produced the AIG "Group Personal Accident and Travel Policy. MJC has
reviewed the generic "plus lifeline" version which appears to be relevant. The Claimant only
disclosed the existence of the AIG policy when he had no other option (see paragraph 100-
112).

m He was reimbursed £5,000 on 5 December 2015 possibly for a pre-existing medical condition!
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