Evan H Krinick

March 01, 2013 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick, a partner with Rivkin Radler, writes that no major piece of no-fault reform legislation has been passed by both the New York State Assembly and the New York State Senate in recent memory, but it is time for a different result now.

By Evan H. Krinick

9 minute read

May 04, 2012 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick, a partner at Rivkin Radler, writes that federal prosecutors recently indicted three dozen people - including 10 doctors and three lawyers - for allegedly participating in a quarter-of-a-billion-dollar no-fault insurance fraud scheme; prosecutors claim that this is the largest single no-fault automobile insurance fraud ever charged.

By Evan H. Krinick

11 minute read

August 27, 2012 | New York Law Journal

Rivkin Radler partner Evan H. Krinick writes: The past term's insurance law decisions by the New York Court of Appeals generally did not involve the rather traditional slew of insurance coverage, insurance bad faith, and insurance fraud rulings that usually comprise the court's insurance law docket. The opinions, however, are by no means any less significant, or less interesting.

By Evan H. Krinick

12 minute read

May 03, 2013 | New York Law Journal

In his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick discusses a recent decision that extends the Court of Appeals' holding in 'State Farm v. Mallela' from the Business Corporation Law context to the Public Health Law context, so that no-fault insurers may challenge the bona fides of facilities such as hospitals and ambulatory surgery centers that are not legitimately incorporated under Article 28 of the New York Public Health Law.

By Evan H. Krinick

9 minute read

September 06, 2012 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick, a partner at Rivkin Radler, examines frauds nationwide, some involving unusual, even bizarre, facts, but as an investigator in one case noted, in all insurance fraud matters, whether big or small, unique or common, "the insurers were not the only victims. Inevitably, insurance fraud results in higher costs to consumers."

By Evan H. Krinick

10 minute read

March 02, 2012 | New York Law Journal

In his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick reviews a recent decision from the Eastern District in which the court found insurance companies alleging health care providers had fraudulently obtained benefits meant for services to victims of auto accidents did not to have to arbitrate clawback claims over monies the insurers already paid, but did compel arbitration where the insurers were seeking to avoid liability on insurance claims that had not been paid.

By Evan H. Krinick

12 minute read

August 14, 2007 | New York Law Journal

Evan H. Krinick and Alan C. Eagle, partners at Rivkin Radler, write that the Second Department recently reinforced the importance of licenses to home improvement contractors, who may neither sue to recover damages for breach of a construction contract by a consumer nor recover in quantum meruit should they lack a valid license. The court also dealt with notice of claim and an absence of insurance in recent construction-related disputes.

By Evan H. Krinick and Alan C. Eagle

8 minute read

April 08, 2008 | New York Law Journal

Evan H. Krinick, a partner with Rivkin Radler, writes that mortgage foreclosure actions are in the news as a result of what has been referred to as the "subprime meltdown." It is probably no surprise, therefore, that a number of important mortgage decisions have been issued recently by the Appellate Division, Second Department, in cases involving Long Island property.

By Evan H. Krinick

8 minute read

March 11, 2008 | New York Law Journal

Evan H. Krinick, a partner at Rivkin Radler, writes that New York's Labor Law contains a number of sections that often are at the heart of lawsuits arising from construction accidents. For example, �240(1) imposes liability upon owners and contractors who fail to provide safety devices to workers exposed to elevation-related hazards; �241(6) imposes liability for violations in construction, excavation and demolition work; and �200 codifies the claim for common law negligence.

By Evan H. Krinick

9 minute read

November 04, 2008 | New York Law Journal

Evan H. Krinick, a partner with Rivkin Radler, writes that most decisions by the Appellate Division, Second Department, are in memorandum form - a short, unsigned recitation of the salient facts and legal principles that resolve the issues presented. Such memoranda often do not provide detailed guidance to the bench and bar or acknowledge nuances. When an appellate justice issues a signed opinion, he says, it signifies the importance of the legal question involved in the case and provides an opportunity for the court to provide extensive guidance.

By Evan H. Krinick

11 minute read