Evan H Krinick

August 17, 2018 | New York Law Journal

Evan H. Krinick discusses the key insurance cases decided by the Court of Appeals and concludes: "At this early stage in this court's history, there does not yet seem to be a consistent lineup of judges on the carrier or the policyholder side."

By Evan H. Krinick

10 minute read

July 05, 2018 | New York Law Journal

In his column on Insurance Fraud, Evan H. Krinick looks at two recent reports, one from the federal government and the other from New York's Department of Financial Services.

By Evan H. Krinick

1 minute read

May 03, 2018 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick writes: Four years ago, the New York Court of Appeals issued a decision which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them. Several recent cases illustrate that such claims are carefully scrutinized by the courts and make it clear that the floodgates have not opened and that brokers remain relatively well insulated from policyholder claims.

By Evan H. Krinick 

9 minute read

March 05, 2018 | FC&S Insurance

After a policyholder submits a claim to an insurance company, the insurer investigates to determine whether to pay the claim, as the insurer is permitted…

By Evan H. Krinick

10 minute read

March 01, 2018 | New York Law Journal

Insurance Fraud columnist Evan H. Krinick writes: In 'Fernandez v. Philadelphia Indemnity Ins. Co.', the court made it clear that a policyholder's duty to cooperate was paramount, and that the policyholder's failure to cooperate was enough to permit the insurer to deny the policyholder's claim—whether or not the claim actually was fraudulent.

By Evan H. Krinick

10 minute read

January 08, 2018 | FC&S Insurance

Twenty-five years ago, in Riordan v. Nationwide Mutual Fire Ins. Co., 977 F.2d 47 (2d Cir. 1992), the U.S. Court of Appeals for the Second Circuit…

By Evan H. Krinick

9 minute read

January 04, 2018 | New York Law Journal

Insurance Fraud columist Evan H. Krinick writes: In 'Nick's Garage v. Progressive Casualty Ins. Co.', the Second Circuit ruled that certain claims against auto insurers under §349 could proceed. The decision may embolden plaintiffs to assert more §349 claims against auto insurers in the future.

By Evan H. Krinick

9 minute read

November 08, 2017 | FC&S Insurance

The Appellate Term, First Department, and the Appellate Term, Second Department, are divided on an issue of law that carries tremendous implications for…

By Evan H. Krinick

9 minute read

November 02, 2017 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick writes: Unless resolved by the Appellate Division or by the New York Court of Appeals, or clarified by the legislature or the Department of Financial Services, the Appellate Term split will make it difficult for automobile insurers to accurately calculate premium rates for no-fault coverage or to know which claims of health care providers they should pay.

By Evan H. Krinick

9 minute read

October 24, 2017 | Insurance Coverage Law Center

The key ingredient in a criminal prosecution for insurance fraud typically is a false insurance claim filed by the defendant. Even clear proof of a false…

By Evan H. Krinick

9 minute read