A MAN who sued an insurance company over refusing to pay out some €900,000 on a policy after his €1.2 million Victorian manor in Co Leitrim was destroyed by fire, probably burned down the house himself or got someone else to do it, the president of the High Court has found.
In light of those and other findings, Mr Justice Nicholas Kearns yesterday dismissed the action by computer engineer Josef Michovsky (65) against Allianz Ireland plc. Mr Michovsky had denied he caused the fire which started early on August 13th, 2002, and destroyed 137-year-old Glebe House in Dromahair, Leitrim, which had an outdoor swimming pool, various outbuildings and a courtyard.
He had sought an order requiring Allianz to pay out €906,789 on an insurance policy following the fire.
Bought in 1991 by German-born Mr Michovsky for €240,000 and refurbished, Glebe House had become too big for his family’s needs and he wanted to move to Italy, the court heard. It had been on the market in 2001 and 2002 for €1.2 million, but failed to attract any serious offers even after the price was reduced to €900,000, the court heard.
Mr Michovsky had claimed the blaze was started accidentally or by an intruder. Allianz alleged fraud and claimed the fire was either started by Mr Michovsky, or he had told someone else to tamper with the oil-fired central heating system for the house.
Yesterday, Mr Justice Kearns ruled the insurance company had discharged the onus of proof required when alleging fraud.