Page 154 - Bundle for MF Final

Bates no 153

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

149. The AIG policy is duplicative of the Diamond Insurance coverage because the loss of
future earnings is in both and is not cumulative. However, there appears to be a
significant difference because the Diamond Insurance compensation offsets residual income
and is based on net figures while the AIG policy provides fixed benefits and (a) is based on
gross earnings (b) is triggered because the event [accident] "entirely prevents an insured
person from working in his or her usual occupation for the rest of their life'. ,X"f1

150. The existence of the AIG policy appears to have been drawn to the Claimant's LJ 1 'r " I'"
li. fxi _ft �Alf J1 q
attention on or around 13 January 2016 by Ms Lynne Clarke his Base Captain 134 at Uf-O e
th
Gatwick Airport. �
151. Kingsley Napley required both the Claimant and easyJet to make a full disclosure of all
applicable policies but neither did. Kingsley Napley·s time sheets show at least four specific
requests for insurance related disclosures: the last on 18 September 2017. It is difficult to
th
believe that easyJet's failure to disclose the AIG policy to Kingsley Napley was entirely
___.
accidental.
152. The policy covers legal fees. But rather than making a claim, thereby revealing the
policy to Kingsley Napley, the Claimant absorbed over £95,600 in legal costs.

153. The policy is better than "state of art" and premiums for four times gross salary
coverage are an expensive employment benefit (estimated £8,000 pa net) which should
have been subject to PAYE. There is no evidence that the benefit was ever included on the
Claimant's payslips.

154. The AIG claim form requires the disclosure of all other coverage. It appears unlikely
that the Claimant disclosed the Diamond Insurance policy to AIG.

155. There are worrying discrepancies in the compensation paid. In his email to MJC of 7 th
October 2017 (see paragraph 100) the Claimant states that the AIG compensation
amounted to £534,000 yet only £525,397.60 went into his bank account. In a Whatsapp
message to LPJS he stated that the compensation had been £520,000. These differences
may be very important and will be probed at trial.

156. However, preliminary enquires indicate that AIG considers the claim to be legitimate.
The alleged dishonesty is in failing to disclose the AIG policy to other insurers.

8 TAXATION
Little is known about the Claimant's tax affairs or investments and bank accounts 135 he may
hold in Norway or elsewhere. However, in the tax years 2015 to 2017 he banked
£1,225,164.56 or an average of over £400,000 per annum and appears to have made tax
payments of only £2,263, 76 136 as follows:

134 And friend??
135 For example, Secure Trust Bank, FIN A and Zopa
136 In addition to PAYE deductions by easyJet
30 I Pa g e