Recoveries

The Travel Law Team has a significant track record in seeking reimbursements from suppliers on behalf of Tour Operators.  Recognising the importance of providing a multi jurisdictional claims recovery service, Plexus have developed a worldwide database of lawyers and agents to assist in recouping clients outlay overseas.

There is no doubt that a recovery that is planned and managed at the outset is one that is likely to be successful and economic.  We consider that the establishment of a route map for recoveries is essential.  This will involve investigating the facts, identifying the responsible parties, and collecting evidence to support a viable recovery.  All of our legal team are trained to give an early consideration as to recovery even on the smallest claims.

Often recovery issues can be complicated due to the insured’s own contractual arrangements.  Our commercial team provides advice to clients in respect of booking terms and conditions, agency agreements, contracts with suppliers and any other contractual needs.  We have developed a cost effective fixed fee offering to the ABTA membership providing access to standard terms and conditions and supplier contracts at low fixed fee costs.  This ensures recoveries can be commenced and that the contractual documentation is in place to best protect the insurer moving forward.

Our specialist recovery services include:

Fraud - Plexus Law have a dedicated fraud unit and deal with fraudulent claims under Travel and PA policies.  Our fraud unit screen travel and A&H claims for relevant KFI’s (key fraud indicators).  We have successfully prosecuted claimants for fraudulent baggage claims abroad, successfully defended self amputation claims under PA policies and traced allegedly missing individuals following death benefits claims as a result of disasters such as the 2004 Indian Ocean Tsunami.

Foreign Legal Expenses Claims - Plexus Law undertake legal work for major travel insurers, underwriters and TPA’s.  This work is provided for corporate and individual/family policies and is in respect of both legal expenses claims and public liability claims.  We undertake legal expenses claims where a policyholder has been injured abroad due to the negligence of a third party.  We initially provide a fixed fee advice on the prospects of success which incorporate a cost benefit analysis.  If there are reasonable prospects of success and the cost benefit analysis warrants the policy responding then further enquiries are undertaken and our extensive network of foreign legal agents are instructed. 

Accidents abroad arise from holidays, business trips and international travel by air and sea.  Given our experience in various jurisdictions we are aware of when costs can and cannot be recovered from third parties for different types of claims.  This is always borne in mind during the initial advice together with limitation considerations.  We also defend policyholders against public liability claims brought against them following accidents abroad.  We deal with both civil and criminal cases and again involve our global network of foreign legal agents where appropriate.

Foreign Recoveries - Plexus Law deal with large scale and complex foreign recovery work and disaster claims abroad.  We have dealt with multi million pound recoveries in relation to the Bahrain Ferry Disaster in March 2006 and the Phuket air crash in 2007.  Both incidents resulted in large scale fatalities and necessitated immediate action to protect the insurers’ position in order that recoveries can subsequently be pursued.  We also undertake smaller scale recoveries under travel policies where a loss has been incurred due to a third party’s negligent acts or omissions e.g. lost baggage or medical expenses treatment.  We believe that our services to the A&H/travel insurance sector are of an extremely high quality at a competitive price and welcome our offerings being benchmarked and tested.   Plexus Law also have internal foreign language speakers who deal with translations together with a small panel of outside translators who undertake more complex legal work.

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