FLATLEY LEGAL BID IS DOWN IN FLAMES
Judge says insurer can cancel house cover
DANCE star Michael Flatley yesterday lost a court bid to secure an injunction stopping an insurer cancelling his cover on his mansion.
A ruling by Ms Justice Eileen Roberts means Castlehyde House outside Fermoy, Co Cork, will not have insurance from March 8 unless he can find another provider.
The Lord of the Dance star, 65, had gone to court seeking the injunctive relief over the insurance cancellation plans by Societe Anonyme pending a full hearing on that matter.
Ms Justice Roberts refused him an injunction, which if granted would remain in place pending the outcome of the full hearing, preventing the cancellation of the policy.
The policy which insures Castlehyde for €30million, and had cost Mr Flatley €5,773 in a monthly premiums, had been due to run until November.
However, the insurance company had informed him by letter of its intention to invoke the cancellation clause on his household policy from next month.
The letter which gave 30 days notice, stated: “It has come to our attention that the occupancy of the household we insure for you appears to now differ from our understanding of same at policy inception and renewal.” The court heard Mr Flatley who also has homes in Monaco, Italy and London had up to last year used Castlehyde for two to four months a year.
Ms Justice Roberts said the star had not identified any basis or requirement that he is obliged by law or otherwise to maintain insurance for Castlehyde or that he cannot enjoy the property without this policy remaining in place.
POLICY
She added he had not established an inability to secure alternative insurance cover for the remainder of the policy.
The judge said: “I find in all the circumstances that the balance of justice favours the refusal of injunctive relief in this case.”
She added Mr Flatley will either have to source alternative cover or remain uninsured for the remainder of the policy period. The judge said she was sure every effort will be made by Mr
Flatley to mitigate the risks this poses for him.
In an affidavit, he said he had been forced to vacate Castlehyde in October and he added this was communicated to the insurer via a broker. Mr Flatley claimed it is not possible for Castlehyde to be occupied due to its current condition.
He added there was a full-time housekeeper and the gate lodge was also occupied.
Hiscox SA maintained it was not notified he was not in occupation when the insurance policy was renewed to run from November 2023.
In his affidavit, Mr Flatley said if the policy was allowed to be cancelled, Castlehyde House which dates back to 1790 may be in jeopardy as there will be no insurance cover.
He added he doubts if another insurer would provide cover considering the ongoing legal proceedings.
“I say Castlehyde is a unique structure and the interests of justice favour its protection,” Mr Flatley said.
The star has already brought proceedings against several parties before the commercial division of the High Court over an alleged €30million worth of damage caused to the mansion.
I find in all the circumstances the balance of justice favours refusal of injunctive relief MS JUSTICE ROBERTS HIGH COURT YESTERDAY