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Evan H Krinick

Evan H Krinick

May 02, 2019 | New York Law Journal

DFS Continues Long History of Strongly Supporting Anti-Fraud Reg

Insurance 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 Fraud

In 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 Fraud

In 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 Fraud

The 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 Fraud

In 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 Claims

There 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 Claims 

Insurance 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 Day

As 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 Day

In 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 Policyholders

After 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