Page 157 - Bundle for MF Final
P. 157

Bates no   156







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



                     164.  The position appears to be as follows


                          Carrier-Company   Coverage    Trigger   Fixed Benefit   AMOUNT   Computed
                                                                              Received   Salary

                          Cirencester     Loss of income   Condition        100.000.00
                          easyJet         Loss of licence???   Condition   1.3 net   144.890.92
                          Hiscox          Loss of licence   Condition   3 x net   250,046.00
                          AIG             Personal accident   Event   4 x gross  Fxd   525,397.60
                          Diamond Insurance   Personal accident   Event   Ogden: net   460,000.00   £98,0000
                          Total                                             1,480,334.52
                     165.  None 151  of the other insurers was advised of the AIG  Personal Accident  Fixed  Benefits
                        cover.  It is understood not to contain any subrogation, excess or offset conditions,
                        although its claim form requires the disclosure of other coverage.

                     166.  The final SCHEDULE signed by  the Claimant in  February 2018 152  is understoodto have
                        calculated future loss of earnings as fl.104,661.00 as follows 153 :


                                                                 H>
                              Element       Net Sala.-y   Ogden   Future Income   Corrected
                                                        Multii:,lier  Joint Meeting   Position
                                     >>                                              '
                              Present            96,015     15.01   £1.441,185.00   £1.441,185.00
                              Future Residual   25.039      13.44   £336,524.00   £940.800.00
                              Loss of earnings                     £1,104,661.00   £500,385.00
                     167.  The corrected amount of £500,385.00 appears to be, under normal circumstances,  the
                        limit for loss of future earnings from all insurers under all policies.  However,  everything
                        depends on the precise wording of the policies which are not currently available. The
                        bottom line is that the Claimant appears to have profited excessively by around £900,000
                        from his accident and that some of all of this amount should be subject to tax 154 •

                    9   THE £500,000 "GIFT"

                     It is  inconceivable that the Claimant would have loaned or Invested £500,000 without a word of
                    security in writing, Just six weeks after reading and discussing LP JS's will which made it clear
                    that he had no financial stake in  Nutley Place and never would 155 .

                    Also, there was no apparent reason for him to process the deposit in the convoluted way he did
                     except to hide  his name,  obscure the audit trail and generate a "cancelled 156 "  cheque to
                     "Barclays Bank Plc 157 "  rather than to  "APM and  LPJ  Siggers"  or  "Barclays Woolwich"
                     (Attachment 2).




                     151  As far as is known
                     152  In preparation for the March JSM
                     153  To age 65 when the Claimant had funded his pension to retire at age 60.  TBC
                     154  Depending on policy wording and subrogation terms
                     155  A 100% interest in Nutley Place was willed to LPJ5's four children
                     156  ie cancelled a�er processing and which has a potential for fraud which will be explored if this case goes to trial
                     157   Dated before the year end
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