Page 13 - Combined file Solheim

APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
C
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 , the claims appear to be as follows
26
(Attachment 1);

Date paid Carrier Policy and residual occupation Amount
27
2016
4 May to year end Cirencester Loss of earnings £37,691.55
th
th
27 September easyJet Loss of Licence: Own Occupation
(1.2 t0 1.3 times salary) £144,890.92
To age 60
11 October Hiscox Loss of Licence: Usual occupation £250,046.60
th
(3 times salary)
26 October AIG Group Personal Accident & Travel –
th
Fixed Benefits: Residual occupation £525,397.60
(4 times salary ++) Own occupation
22 December Diamond IP Third party claim: Any occupation £19,000.00
nd
Total for year £977,026.07
2017
2017 Year Cirencester Income replacement: Any occupation £50,328.75
th
13 September Diamond IP Third party claim £20,000.00
Total for year £70,328.75
2018
th
20 April Diamond Personal Accident: Any occupation £325,159.94
th
20 April (Costs Diamond CFA £35,840.06
Kingsley Napley)
20 April (Costs Diamond CFA £60,000.00
th
Kingsley Napley)
20 April (Costs Diamond Third party claim £377,835.52
th
Kingsley Napley) Any occupation
January to May Cirencester Income replacement £13,205.40
Total for year £812,040.92
Total £1,859,395.74
Diamond’s own legal costs (HF) £201,977.49
Cost of claim to Diamond £1,039,813.02
TOTAL COST TO INSURERS £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
Bates Number Bates No013 7 | Page