Recourse

We specialise in conducting recourse cases for insurance companies, providing assistance with obtaining compensation from liable defendants.

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We assist in the initial preservation of evidence, in the initial assessment of the procedural risk associated with recourse proceedings and in the handling of both simple and complex, large-scale recourse proceedings.

 

Recourse claims can arise out of payments under a number of different insurance policies, including buildings, contents, business interruption insurance, contractor's insurance as well as liability and product liability insurance.

 

Because recourse claims can arise from various insurance types, there is no common ground in relation to the type of claim or the legal basis, and handling recourse claims therefore requires in-depth insights into and understanding of compensation law.

 

ARK Law specialises in contractual and non-contractual liability, including product liability, professional liability, contracts, fraud and personal injury, and we therefore have the required knowledge and experience to handle all types of recourse proceedings.

 

We are also highly skilled in preservation of evidence, which is crucial in recourse proceedings in which the damage is remedied relatively quickly, so that the insured avoids having to wait for the recourse proceedings.

 

In addition to preservation of evidence, we are experts in onus of proof rules and in obtaining clarification of the technical issues of relevance to the case, including expert valuation.  Our team often organises seminars and external presentations on various topics within recourse and preservation of evidence, and we have comprehensive experience of fire cases, among other things, in which the preservation of evidence is particularly relevant at an early stage.

 

Our attorneys also have many years of experience conducting recourse cases and recourse arbitration proceedings.

 

A regular part of our advisory services is to scan, at an early stage, the possibilities of a settlement solution, because a settlement often results in costs saved and consequently a better bottom line.