January 03, 2014 | New York Law Journal
Cases Across the Country: Small, Big and in BetweenIn his Insurance Fraud column, Evan H. Krinick, co-managing partner of Rivkin Radler, writes: The legal issues governing insurance fraud that are discussed in this column typically focus on New York law or on federal law and its application to New York cases. The world of insurance fraud is quite extensive, however, as illustrated by recent insurance frauds alleged or uncovered from across the country—including some unusual, if not completely bizarre, examples.
By Evan H. Krinick
10 minute read
November 01, 2013 | New York Law Journal
Allowing Insurers to Recover Attorney Fees in Fraud SuitsIn his Insurance Fraud column, Evan H. Krinick, co-managing partner of Rivkin Radler, writes: The absence of a specific New York statute authorizing payment of attorney fees to an insurance carrier that succeeds in a fraud case is a significant void in New York law. Such a statute —perhaps modeled on the provisions already in effect in New Jersey and in Pennsylvania—would help the battle against insurance fraud in New York.
By Evan H. Krinick
9 minute read
July 05, 2013 | New York Law Journal
Statute and Common Law Provide Immunity for Insurers Reporting FraudIn his Insurance Fraud column, Rivkin Radler partner Evan H. Krinick writes: Insurance companies across the country are becoming more and more aggressive in fighting insurance fraud - and in reporting their suspicions to prosecutors and regulators. As a result, malicious prosecution and defamation claims against insurance carriers are likely to proliferate.
By Evan H. Krinick
12 minute read
September 06, 2013 | New York Law Journal
Discovery in Providers' Cases Seeking No-Fault BenefitsIn his Insurance Fraud column, Evan H. Krinick, co-managing partner of Rivkin Radler, writes that with health care providers ineligible for no-fault reimbursement if the physicians who allegedly own the providers are not the true owners, courts now consistently rule that insurance carriers are entitled to discovery on ownership. The clear trend in the cases makes a recent Nassau Country District Court decision perplexing.
By Evan H. Krinick
11 minute read
January 06, 2012 | New York Law Journal
The Power of Policy Rescission as a Tool to Combat FraudIn his Insurance Fraud column, Evan H. Krinick of Rivkin Radler writes: In recent months, federal and state courts across the country have issued numerous decisions in cases involving requests for rescission of a variety of insurance policies. Federal courts in the Second Circuit have been well represented in these cases.
By Evan H. Krinick
12 minute read
November 04, 2011 | New York Law Journal
Are Statutory Changes To No-Fault Law on the Horizon?In his Insurance Fraud column, Evan H. Krinick of Rivkin Radler discusses pending bills in the State Legislature that, if enacted, would substantially reduce no-fault fraud in the state and finally bring about the relief New York insurance companies and consumers need and deserve.
By Evan H. Krinick
11 minute read
January 04, 2013 | New York Law Journal
LIRR Disability Insurance Fraud Scheme: an UpdateIn his Insurance Fraud column, Evan H. Krinick, a partner with Rivkin Radler, writes: It has been a little over one year since federal prosecutors first charged 11 individuals in connection with what they alleged was a "massive" $1 billion disability insurance fraud scheme involving as many as 1,500 retired employees of the Long Island Rail Road. Although some defense lawyers suggested that the claims would not withstand scrutiny, the events since the first indictments make it clear that there certainly has been more than a minimal amount of disability insurance fraud involving LIRR retirees.
By Evan H. Krinick
12 minute read
July 06, 2012 | New York Law Journal
ERISA Preemption Rejected in Insurers' Claims Against Health Care ProvidersIn his Insurance Fraud column, Evan H. Krinick, a partner at Rivkin Radler, writes that an important tool in insurers' anti-fraud plans is post-payment review of claims submitted by health care providers.
By Evan H. Krinick
11 minute read
August 26, 2013 | New York Law Journal
Breach of Duty to Defend Stands Out Among Noteworthy IssuesEvan H. Krinick, co-managing partner of Rivkin Radler, writes: The past term's significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the practice of insurance law in important ways. But one decision in particular, in which the court evaluated the consequences to an insurance carrier of its breach of the duty to defend its insured, will surely be one of the most widely discussed and debated insurance law decisions rendered by the court in recent years.
By Evan H. Krinick
10 minute read
November 02, 2012 | New York Law Journal
Regulation Barring Health Care Providers From No-Fault ProgramIn his Insurance Fraud column, Evan H. Krinick, a partner with Rivkin Radler LLP, writes: The Superintendent of the New York Department of Financial Services has issued an emergency regulation that may make it easier to bar health care providers - temporarily and permanently - who are suspected of engaging in no-fault insurance fraud from demanding payments from insurance carriers for services they claim to have provided. If the new rule succeeds in its goal of reducing fraud, it will benefit not only insurance companies operating in New York but also the state's consumers and all legitimate health care providers.
By Evan H. Krinick
9 minute read