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Case Study - Hotel/Tour Operator Claims, Dominican Republic
Background
The Claimant suffered alleged gastroenteritis whilst at the insured’s hotel in the Dominican Republic. As a result of his initial gastric symptoms he was hospitalised, which led to him suffering severe brain damage and organ failure. He lacked mental capacity and required 24/7 care. A damages reserve was held at over £10m. This was a Package Travel Regulations Claim. Outcome Through working closely with the hotel and the tour operator and obtaining significant evidence on the ground, we were able to build a substantive denial to the allegations in the Claimant’s claim that his illness was caused by the food and drink supplied by the hotel not being of satisfactory quality. Following the collapse of the Tour Operator, the Claimant brought a claim directly against the hotel and their insurers. With our network of foreign lawyers and expertise in jurisdiction we showed the difficulties in respect of jurisdiction, limitation and indemnity, if he were to attempt to bring the claim against the hotel or the insures directly. This approach proved successful as the claim was compromised on a commercial basis with a 99% saving on reserve. By working closely with the hotel, tour operator, and insurers we were able to front-load our evidence to present the significant risks to the Claimant in pursuing his claim. Ultimately, this led to a substantial saving for the client.
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