Evan H Krinick

March 05, 2015 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick explores some of the methods disreputable employers sometimes use to avoid their obligations under New York's Workers' Compensation Law and a recent Third Department decision that illustrates how the courts seek to balance the harm stemming from Workers' Comp fraud to limit burdens being placed on employees.

By Evan H. Krinick

8 minute read

January 05, 2015 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick reviews a recent decision that reinforces the general rule in the Second Circuit that lawsuits brought in federal court by insurance companies against health care providers that allege fraud or fraudulent misrepresentation, among other things, will not be dismissed on ERISA preemption grounds.

By Evan H. Krinick

8 minute read

January 05, 2015 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick reviews a recent decision that reinforces the general rule in the Second Circuit that lawsuits brought in federal court by insurance companies against health care providers that allege fraud or fraudulent misrepresentation, among other things, will not be dismissed on ERISA preemption grounds.

By Evan H. Krinick

8 minute read

December 01, 2014 | New York Law Journal

Evan H. Krinick, managing partner of Uniondale's Rivkin Radler, reviews some of the most significant insurance law opinions of Judge Victoria A. Graffeo and Judge Robert S. Smith, with the goal of highlighting some of the key developments in New York insurance law since they joined the court.

By Evan H. Krinick

11 minute read

November 07, 2014 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick reviews laws state legislatures across the country have passed this year defining insurance fraud, prohibiting payments to "steer" clients or patients for the purposes of obtaining benefits under an insurance policy, allowing insurers to cancel policies if the applicant misrepresented certain information, and more.

By Evan H. Krinick

9 minute read

September 05, 2014 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick of Rivkin Radler, focuses on the application of 'State Farm v. Mallela' to "Article 28" facilities — facilities that are permitted to be owned by non-physicians and are subject to other requirements and regulations enacted by the state's Department of Health.

By Evan H. Krinick

9 minute read

August 25, 2014 | New York Law Journal

Evan H. Krinick, managing partner of Rivkin Radler in Uniondale, writes: This past term, the court issued nine significant insurance law decisions, including one for which it heard reargument and vacated a unanimous—and highly controversial—ruling that it had issued near the end of its 2012-2013 term.

By Evan H. Krinick

12 minute read

July 07, 2014 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick writes that one of the most effective tools for insurers fighting no-fault insurance fraud is the filing of lawsuits in federal court against health care providers who have received payment for services they contend they have provided to injured policyholders. Recently, defendants in these actions have responded by seeking to compel arbitration, a tactic the Second Circuit has now weighed in on.

By Evan H. Krinick

11 minute read

May 02, 2014 | New York Law Journal

In his Insurance Fraud column, Evan H. Krinick of Rivkin Radler highlights different aspects of Workers' Compensation fraud, and reviews the grand jury's recommendations on ways to cut it.

By Evan H. Krinick

12 minute read

March 07, 2014 | New York Law Journal

In his Insurance Fraud column, Rivkin Radler's Evan H. Krinick points out that a recent California appellate court held that insurance companies are not direct victims entitled to criminal restitution simply because they reimbursed a victim for losses. In New York, the rule is quite different.

By Evan H. Krinick

10 minute read