Judge dismisses couple's action to set aside flood damage award


High Court:The High Court has dismissed a couple’s action aimed at setting aside a €108,000 arbitrator’s award over flood damage to their home.

The couple had claimed the cost of repairing the damage was €300,000 and the arbitrator was biased. Ms Justice Mary Laffoy yesterday rejected claims by Donald and Anna McIntyre that the arbitrator, engineer Malachi Cullen, was biased or had misconducted himself. She also ruled former minister Mary O’Rourke was not required to give evidence in the couple’s action against insurance firm Allianz plc.

The couple had alleged Mr Cullen was known to Kevin Clabby, a loss adjuster witness for Allianz in the arbitration, and they sought to have Mrs O’Rourke give evidence.

In their High Court action, the McIntyres alleged the arbitration was unfair and claimed Mr Cullen was friendly with and well known to Mr Clabby. They claimed Mrs O’Rourke had confirmed in a phone conversation with their solicitor Kevin McElhinney that Mr Clabby and Mr Cullen were known both to her and to each other but had said she did not want to get involved.