Evan H Krinick

November 05, 2020 | New York Law Journal

Discovery plays an important role in an insurer's ability to successfully prosecute a 'Mallela' fraud case. In his Insurance Fraud column, Evan H. Krinick discusses the standard that insurers bringing a 'Mallela' action generally must meet to be able to obtain discovery from third parties and reviews two recent court decisions applying that standard.

By Evan H. Krinick

11 minute read

September 03, 2020 | New York Law Journal

In his column on insurance fraud, Evan H. Krinick discusses various decisions by federal district courts in New York and the U.S. Court of Appeals for the Second Circuit have helped to explain the standard for calculating forfeiture amounts and whether they violate the Eighth Amendment,

By Evan H. Krinick

10 minute read

August 26, 2020 | New York Law Journal

In his column on Insurance Fraud, Evan Krinick notes that, as unique as the past term of the New York Court of Appeals was—taking place in the midst of the COVID-19 pandemic—there were some important similarities to prior terms.

By Evan H. Krinick

10 minute read

July 09, 2020 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick discusses fraud related to the COVID-19 pandemic relating to everything from loans under the Paycheck Protection Program (PPP) to mis-labeled and missing personal protective equipment (PPE).

By Evan H. Krinick

9 minute read

March 05, 2020 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick discusses two cases that have the potential to significantly affect the ability of insurance companies to fight no-fault insurance fraud in New York.

By Evan H. Krinick

10 minute read

January 02, 2020 | New York Law Journal

In his first Insurance Fraud column of the year, Evan H. Krinick discusses recent Medicare Fraud Strike Force actions in New York and New Jersey, which reflect the broad range of activities and schemes seeking to defraud the federal insurance programs.

By Evan H. Krinick

10 minute read

October 31, 2019 | New York Law Journal

The New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments. In his Insurance Fraud column, Evan H. Krinick discusses 'Haar v. Nationwide Mutual Fire Ins. Co.'

By Evan H. Krinick

10 minute read

September 05, 2019 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick discusses and compares how Florida and New York treat insurance company actions alleging no-fault fraud under their unfair business practices acts—the FDUTPA and GBL §349, respectively.

By Evan H. Krinick

10 minute read

August 16, 2019 | New York Law Journal

The New York Court of Appeals decided three important insurance cases in its 2018-2019 term. The Court also began to arrange its insurance caseload for next term by accepting a certified question from the U.S. Court of Appeals for the Second Circuit and by granting leave to appeal in another case.

By Evan H. Krinick

10 minute read

July 03, 2019 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick discusses new decision in which the Court of Appeals confirms that it meant what it said in a previous decision: No evidence of fraud, fraudulent intent, billing fraud, or fraud of any sort is needed to demonstrate that a health care provider is ineligible for no-fault reimbursement when it is in violation of applicable licensing rules.

By Evan H. Krinick

9 minute read