Expertise

Recovery.

Nathaniel Lacy LLP advises insurers on recovery issues arising from claims that have been paid, overpaid, incorrectly paid or where another party may be liable to reimburse or contribute to the loss.

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Reviewing claim payments and identifying recoverable sums.

Recovery issues often arise after a claim has been paid, partially paid or reviewed, where further assessment identifies a possible overpayment, mistaken payment, indemnity issue, contribution point or repayment entitlement. Nathaniel Lacy LLP helps insurers review the basis of payment, the policy position, claims handling history, settlement terms and any third-party responsibility.

We advise on whether recovery is legally available, commercially worthwhile and practically enforceable. Our focus is on proportionate recovery, helping clients decide when repayment or reimbursement should be pursued and when the legal basis, value, cost or enforceability may not justify further action.

Key areas of work.

  • Advising insurers where a claim payment may have exceeded the amount properly payable under the policy, settlement terms, agreed liability position or verified loss.

  • Reviewing claims where payment may have been made on an incorrect basis, including mistakes relating to indemnity, policy entitlement, liability, quantum, duplication or claims administration.

  • Assisting insurers where duplicate payments, misdirected payments, incorrect settlement figures or administrative errors have resulted in sums being paid that may be recoverable.

  • Assessing whether the original payment was supported by the policy terms, evidence, settlement agreement, liability position and claims handling history.

  • Advising where another party, co-insurer, contractor, professional, defendant or responsible third party may be liable to reimburse or contribute to part of the claim payment.

  • Supporting insurers where, following payment under a policy, there may be a basis to recover outlay from a third party responsible for the loss.

  • Advising on recovery options where claim payments may have been made on the basis of inaccurate information, misrepresentation, exaggeration or suspected dishonesty.

  • Assisting with recovery correspondence, negotiation, settlement discussions, mediation or litigation where recovery is justified and proportionate.

Our approach.

Recovery assessment

We advise whether recovery is legally available, proportionate and commercially worthwhile, taking account of value, cost, evidence and enforceability.

Payment review

We review the basis on which the claim was paid, including policy entitlement, liability, quantum, evidence, settlement terms and claims handling history.

Practical resolution

We support insurers with clear correspondence, negotiation and resolution aimed at recovering sums without unnecessary escalation.

Related Expertise.

Complex Claims →
Insurance Litigation →
Mediation & Arbitration →
Indemnity Advisory →
Pre-Litigation →
Insights →

Key Contacts

Latest Insights.

Insights
Fatal Accident Claim Settled
Fatal Accident Claim Settled

A High Court action arising from the death of Derek Monaghan, a well-known Bohemian Football Club volunteer and supporter, has settled.

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Scrambler Bike Claim Dismissed
Scrambler Bike Claim Dismissed

Nathaniel Lacy LLP Managing Partner Nat Lacy successfully defended a High Court personal injuries claim arising from a crash involving a scrambler bike and a Kia Optima in Coolock, Dublin.

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Claim Dismissed at Circuit Court
Claim Dismissed at Circuit Court

Nathaniel Lacy LLP’s SIU team, headed by Donna Kerrigan, Partner, recently acted in the defence of Brady v Morgan, which came on for hearing before Judge Callan at Cavan Circuit Court.

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High Court Motor Claim
High Court Motor Claim

Nathaniel Lacy LLP acted on behalf of Redclick in a recently reported High Court motor claim involving an uninsured driver, catastrophic injuries and significant potential exposure.

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Recovery issues in paid claims.

Nathaniel Lacy LLP advises insurers on the legal, practical and commercial issues involved in recovering paid claims, overpayments, contributions and reimbursable outlay.

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