May 02, 2019 | New York Law Journal
DFS Continues Long History of Strongly Supporting Anti-Fraud RegInsurance Fraud columnist Evan H. Krinick writes: Nearly two decades ago, in 2001, New York state's insurance regulator promulgated a powerful anti-fraud regulation intended to require that a health care provider, as a condition of eligibility for no-fault reimbursement, be owned and controlled by licensed physicians and not by non-physicians who disguise their ownership and control and secretly siphon all profits away from the physician whose name appears on the license issued by the state. As DFS has once again just reiterated, a medical professional corporation (PC) is ineligible for no-fault insurance reimbursement if it fails to meet any condition of licensure, including the requirement of physician control.
By Evan H. Krinick
9 minute read
March 05, 2019 | FC&S Insurance
Choice of Law Can Be Key When Fighting Life Insurance FraudIn his Insurance Fraud column for the New York Law Journal, Evan H. Krinick discusses a recent decision by the U.S. Court of Appeals for the Second Circuit, ‘AEI Life v. Lincoln Benefit Life Co.’, which highlights the importance of knowing which state incontestability statute applies to a challenge to a stranger-originated life insurance policy.
By Evan H. Krinick
10 minute read
February 28, 2019 | New York Law Journal
Choice of Law Can Be Key When Fighting Life Insurance FraudIn his Insurance Fraud column, Evan H. Krinick discusses a recent decision by the U.S. Court of Appeals for the Second Circuit, 'AEI Life v. Lincoln Benefit Life Co.', which highlights the importance of knowing which state incontestability statute applies to a challenge to a stranger-originated life insurance policy.
By Evan H. Krinick
10 minute read
January 09, 2019 | FC&S Insurance
The False Claims Act: A Powerful Tool Against Federal Health Care Program FraudThe most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview,…
By Evan H. Krinick
10 minute read
January 03, 2019 | New York Law Journal
The False Claims Act: A Powerful Tool Against Federal Health Care Program FraudIn his Insurance Fraud column, Evan H. Krinick writes: Recent settlements and civil fraud lawsuits brought by the DOJ or in which they have intervened in New York illustrate the breadth of fraudulent actions that providers continue to take as well as the importance of whistleblowers and watchful government investigators in the ongoing efforts to protect the federal programs.
By Evan H. Krinick
10 minute read
November 14, 2018 | FC&S Insurance
Insureds’ Materially False Statements Can Doom Insurance Coverage for Their ClaimsThere are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies,…
By Evan H. Krinick
10 minute read
November 01, 2018 | New York Law Journal
Insureds' Materially False Statements Can Doom Insurance Coverage for Their ClaimsInsurance Fraud columnist Evan H. Krinick discusses two recent cases that have explored the concealment or fraud and cooperation concepts, and have found that insurers did not have to cover the insureds' claims because they violated these particular policy provisions.
By Evan H. Krinick
10 minute read
September 18, 2018 | FC&S Insurance
Insurers Overcome Defendants’ Efforts to Delay or Avoid Judgment DayAs insurance companies continue to bring more and more civil suits for insurance fraud, defendants are raising a variety of arguments in an effort to delay—and…
By Evan H. Krinick
9 minute read
September 06, 2018 | New York Law Journal
Insurers Overcome Defendants' Efforts to Delay or Avoid Judgment DayIn his column on Insurance Fraud, Evan H. Krinick, looks at how insureds are raising a variety of arguments in an effort to delay—and sometimes to significantly delay—the insurers' actions.
By Evan H. Krinick
9 minute read
August 23, 2018 | FC&S Insurance
So Far, No Consistent Lineup of Judges for Carriers or PolicyholdersAfter a term of transition for the New York Court of Appeals—with Associate Judge Eugene F. Pigott, Jr., retiring at the end of 2016, Associate…
By Evan H. Krinick
10 minute read
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