August 12, 2008 | New York Law Journal
Appellate ReviewEvan H. Krinick and Alan C. Eagle, partners with Rivkin Radler, review recent Second Department cases involving insurance coverage questions, including an uninsured motorist claim that arose after an automobile collided with an all-terrain vehicle, an attempt to have an arbitrator's decision vacated and a case where the parents of a boy accused of sexual assault by another minor sought a declaration that their homeowner's insurance carrier was obligated to defend and indemnify them.
By Evan H. Krinick and Alan C. Eagle
9 minute read
February 08, 2002 | New York Law Journal
Long Island Appellate ReviewIn recent weeks, the U.S. Court of Appeals for the Second Circuit and the Appellate Division, Second Department, have decided numerous appeals in Long Island cases in which the parties have included State and county governments as well as Long Island towns, villages, boards and school districts, among other government entities. The claims in these appeals have ranged from inadequate training of employees in a �1983 action 1 and violation of the State Environmental Quality Review Act in a zoning dispute 2 to
By Evan H. Krinick And Edward P. Mangano
8 minute read
March 03, 2009 | New York Law Journal
Insurance FraudEvan H. Krinick, a partner at Rivkin Radler, writes: Mortgage fraud affects consumers, financial institutions, insurance carriers and the economy as a whole. When responding to mortgage fraud, lenders and insurers must act within the constraints imposed by applicable rules. The standards relating to insurable interest ultimately may determine, in many instances, which entity bears the loss resulting, in one way or another, from mortgage fraud.
By Evan H. Krinick
9 minute read
December 12, 2006 | New York Law Journal
Appellate ReviewEvan H. Krinick, a partner at Rivkin Radler LLP, writes that recent decisions by the Appellate Division, Second Department, in cases arising on Long Island have resolved a variety of important insurance issues that arise when automobiles are involved in accidents, including auto exclusions and loss payee clauses.
By Evan H. Krinick
7 minute read
September 01, 2009 | New York Law Journal
Insurance FraudEvan H. Krinick, a partner at Rivkin Radler, reviews the limitation on an insurer's right to cancel an automobile insurance policy retroactively on the grounds of fraud or misrepresentation, based on the recognition that compulsory automobile liability insurance exists for the protection of the public as well as the insured. Recently, an issue has arisen as to whether an assignee (such as a medical provider) of an insured's rights under a fraudulently obtained insurance policy may recover benefits under the policy, as innocent third parties generally are permitted to do, or whether the assignee is more akin to the insured and thus can be barred from recovery.
By Evan H. Krinick
12 minute read
May 06, 2011 | New York Law Journal
Criminal and Administrative Insurance Fraud Cases in the CourtsIn his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick writes: State and federal courts in New York have recently issued a number of significant decisions in cases involving allegations of insurance fraud. The results were decidedly mixed for the government. However, the fact that there have been so many important cases in the courts, together with at least one new major legislative development relating to criminal insurance fraud, suggests that insurance fraud may finally be gaining the attention it deserves in New York.
By Evan H. Krinick
10 minute read
February 08, 2005 | New York Law Journal
Appellate ReviewEvan H. Krinick, a partner with Rivkin Radler, writes that recent decisions by the Appellate Division, Second Department, illustrate the variety of claims brought against Long Island's governmental entities as well as the legal issues that must be resolved before these cases may be concluded.
By Evan H. Krinick
7 minute read
July 08, 2002 | New York Law Journal
Long Island Appellate ReviewR ecent appeals decided by the Appellate Division, Second Department, in breach of contract cases filed in Long Island courts have involved a wide variety of contracts, such as a collective bargaining agreement, 1 and numerous distinct legal issues, including whether a plaintiff suing a skating club and others could be required to furnish unredacted copies of income tax returns containing her Social Security number (the Second Department ruled that the request had to be rejected). 2 The appellate court`s re
By Evan H. Krinick
8 minute read
August 10, 2004 | New York Law Journal
Appellate ReviewEvan H. Krinick and Kenneth A. Novikoff, partners with Uniondale's Rivkin Radler, write that a number of decisions rendered in recent months by the Appellate Division, Second Department, have involved constitutional challenges. In some, the constitutional question was not decided, but others have clearly resolved challenges to the constitutionality of a local statute, rule, regulation or governmental action.
By Evan H. Krinick and Kenneth A. Novikoff
9 minute read
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