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Few travels ever consider the need for legal services when traveling abroad. From making wrong assumptions that what is legal in a country of origin is necessarily so in the destination country. It is not. The consequences can be harrowing. In any case, travelers find themselves surprised by the need for a LAWYER. We are here to help with that, through our legal assistance hotline.
In this section, we share some of these experiences, for which we provided legal assistance expertise, that resulted in a final positive outcome for the traveler.
- Defense of Insureds -
International Recoveries has, for example, arranged for the defense of a Scandinavian traveler sued in Canada because of a skiing accident; an au pair program sued in the US Commonwealth State of Pennsylvania when an au pair dropped a child, fracturing his skull; a Spanish candle manufacturer sued in Illinois for personal injuries when the candle overturned; and, after an American motorcyclist was sued in Spain for injuring a pedestrian crossing against a traffic light, International Recoveries’ local counsel negotiated settlement of the claim that saved the client over 75% from the initial demand for compensation.
- Subrogation -
The attorney for an elderly woman injured on a cruise settled the case and offered the insurer 10% of its payments on the basis that he had recovered 10% of the claim’s value. International Recoveries’ research revealed that the value of the claim was significantly less than the attorney had postulated; International Recoveries recouped 60% of its client’s payments.
- Claims Investigations and Fraud -
A Colombian national with a U.S. residence took out a health insurance policy with a U.S. insurer. After the insured’s son underwent costly treatment for leukemia in the U.S.,
International Recoveries was contacted when the hospital that had treated the son in Bogota before his U.S. visit refused to release his medical records. International Recoveries’ network attorney in Bogota obtained the records, which confirmed that the leukemia diagnosis had been made a week before the U.S. policy was taken out and allowed International Recoveries’ client to successfully deny the claim.
- Claims Investigation & Fraud -
The insured was struck by an eighteen-wheeler while crossing a highway. During her investigation of the accident International Recoveries’ local counsel discovered that the insured had scaled a ten-foot high fence to gain access to the highway. The insured’s brother then revealed that the insured had attempted suicide on several occasions. International Recoveries’ client successfully denied the claim as a suicide attempt.
- First Party Defense -
The family of a young man injured in a motor vehicle accident in the South Pacific arranged for an air ambulance to repatriate him without obtaining the assistance company’s approval then submitted a claim for the cost of the flight in excess of $300,000; when the claim was denied, the son filed suit.
International Recoveries established that the air ambulance physician, who was also the owner/operator of the company, had made false statements about the need for the air ambulance and colluded with the insured’s father to submit an exaggerated claim for the flight costs. International Recoveries also established that the insured had already received partial reimbursement for the flight from another source. T
he lawsuit was dropped, and the insured reimbursed International Recoveries’ client $50,000 in defense costs.
- Unique Experiences -
Following a trial on criminal charges for driving while intoxicated, the insured’s attorney had the court record sealed. This prevented the insurer from verifying that alcohol had been a significant factor in causing the insured’s injuries.
As a result, the Financial Ombudsman Service (“F.O.S”) in the UK directed the insurer to pay in excess of $500,000 for its insured’s claim. International Recoveries involved local counsel who successfully petitioned the court to open the file. The trial record confirmed that the insured was responsible for the accident due to driving while impaired by alcohol. In what was then the single largest reversal handed down by the F.O.S. in favor of a travel insurer, the F.O.S. reversed itself and upheld denial of the claim.
- International Legal Hotline -
An insured was arrested in a remote part of Saudi Arabia for possession of alcohol. Trial was set for the next morning and there were no lawyers available where this had occurred. International Recoveries instructed the insured on how the proceedings would unfold and how to deal with the situation. The case was dismissed.
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