The High Court has been at the center of a dispute over an insurance policy taken out while a daughter-daughter partnership owned by Co Cork Pub was run by the daughter pub.
Eileen Gerotti, who lives in Bolton, England, and her daughter Shana Crowley, who lives in Banteer, Cork, are partners in White Country Inn (A Fame), which owns a pub in Bunter of the same name.
In the judgment of the pre-trial Discovery application, Justice Anthony Barr said that White Country Inn Company was suing MS Crowley and Ulster Bank Ireland, claiming that various amounts arising from the commission of MS Crowley and Life Assurance Policy were in arrears.
Ms Crowley claims to have failed to accurately calculate profits made since 2005 and to have misappropriated funds in connection with certain credit facilities provided to Ulster Bank.
The judge ruled that Miss Crowley’s failed to accurately account for the undisclosed amount she received from the life insurance policy she had taken out with Aviva Life and Pensions in 2000. In February 2010, he secured a loan from Ulster Bank and issued an Aviva policy to the bank.
Ms. Geraffi said she received an unexpected letter from Ulster Bank in October 2014 stating that the bank had agreed to provide security over Aviva’s policy at the request of her daughter, who is suffering from cancer. .
Ms. Geraffy claims to have known that her daughter had previously settled lawsuits against Aviva in connection with the policy and paid Miss Crowley.
It is alleged that the income of the settlement should be for the benefit of the institution as it was paid in connection with the Aviva policy.
The judge ruled that the insurance policy expired at the end of its term in 2010 and that the settlement was reached by filing a lawsuit against Aviva and Ulster Bank for failing to advise that the policy could be renewed without medical care. When it expires. The terms of the settlement were confidential.
Ms Crowley said she did not know the contents of the letter the bank sent to her mother in October 2014 and disagreed. In preparation for the hearing, the White Country agency was asked to locate the documents. Some of Ulster Bank was rejected by the bank. Discovery was also specifically investigated against Miss Crowley.
In ruling on the discovery applications, Justice Barr said the White Country Company has the most rights to all documents held by the bank.
He said some documentation should be made available in connection with the findings against Miss Crowley, but that the terms of the settlement, which are confidential, should not be disclosed as directed by the judge hearing the main case. That documentation should be preserved until then, he said.
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