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No Fault Insurance Anti Fraud Litigation
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Book Synopsis No-fault Insurance Anti-fraud Litigation by : Max Gershenoff
Download or read book No-fault Insurance Anti-fraud Litigation written by Max Gershenoff and published by American Bar Association. This book was released on 2019-06-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: No-fault insurance fraud amounts to a significant "fraud tax" on consumers, estimated at billions of dollars each year. This is a practice-focused guide to the litigation and settlement of no-fault insurance anti-fraud cases, from inception through summary judgment.
Book Synopsis Rogak's New York No-Fault Law and Practice by : Lawrence N. Rogak
Download or read book Rogak's New York No-Fault Law and Practice written by Lawrence N. Rogak and published by iUniverse. This book was released on 2009 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE FIRST-EVER COMPREHENSIVE GUIDE TO NEW YORK NO-FAULT PRACTICE 2009 Edition Hundreds of New Case Reports! Rogak's New York No-Fault Law & Practice By Lawrence N. Rogak No-Fault litigation is "a Frankenstein monster that has assumed a life force of its own, becoming so unmanageable and uncontrollable that it acts out in ways never envisioned by its creator." - Judge Charles J. Markey. And 25% of all lawsuits in the New York City Civil Court system are no-fault suits. The No-Fault regulations are complex, difficult to understand, and they leave many questions unanswered, requiring New York claims examiners, lawyers and judges to make decisions every day for which there is no clear guidance in the law. And yet despite the enormous size, scope and complexity of No-Fault practice, there has never been a published guide for those who struggle with this field. Until now. Lawrence N. Rogak is a New York attorney with over 25 years' experience in insurance law practice. A prolific writer, he has published hundreds of articles on insurance law practice, and a previous book, Rogak's New York Insurance Law. He is the managing partner of Lawrence N. Rogak LLC, an insurance defense law firm in Oceanside, New York, which is listed in Best's Recommended Insurance Attorneys. Mr. Rogak has painstakingly organized No-Fault practice into 90 distinct topics, with hundreds of sub-topics, all arranged in alphabetical order. For every topic, he has provided statutes and case law with the closest thing to a definitive answer for the questions that arise under each topic. Plus, he adds his own commentary and suggestions. For any lawyer, arbitrator, claims examiner or judge involved in No-Fault practice, their copy of Rogak's New York No-Fault Law & Practice will become their best friend and companion, a road map through dark and uncharted territory.
Book Synopsis Insurance Fraud Volume II by : Barry Zalma
Download or read book Insurance Fraud Volume II written by Barry Zalma and published by . This book was released on 2019-10-31 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance Fraud Is Epidemic Insurance fraud continually takes more money each year than it did the last from the insurance buying public. There is no certain number. Most attempts at insurance fraud succeed. Estimates of the extent of insurance fraud in the United States range from $87 billion to more than $300 billion every year.Insurers and government backed pseudo-insurers can only estimate the extent they lose to fraudulent claims. Lack of sufficient investigation and prosecution of insurance criminals is endemic. Most insurance fraud criminals are not detected. Those that are detected do so because they became greedy, sloppy and unprofessional so that the attempted fraud becomes so obvious it cannot be ignored.The National Insurance Crime Bureau (NICB) estimates that almost 25% of the bodily injury claims related to auto crashes are bogus. Property and casualty claims against auto insurance are not much better, coming in at around a 10% fraud rate.A person commits the offense of insurance fraud by knowingly and with the intent to defraud any insurer presents or causes to be presented to any insurer any statement forming a part of, or in support of, a claim that contains any false, incomplete or misleading information concerning any fact or thing material to the claim. [18 Pa.C.S.A. § 4117(a)(2).] A person acts "knowingly" when he or she is aware that it is practically certain that his or her conduct will cause such a result. Likewise, a person acts "intentionally" when "it is his or her conscious object to engage in conduct of that nature or to cause such a result.As the industry attempts to keep pace with fraudsters' varied, ever-shifting tactics, it must deploy more innovative, effective anti-fraud technologies or risk dire losses. Vendors and organizations include the Coalition Against Insurance Fraud (CAIF), CSC, Detica NetReveal, Equifax, Experian, FICO, IBM, Innovation Group, Insurance Bureau of Canada (IBC), ISO/Verisk, KPMG, LexisNexis, Mattersight, Mitchell, the National Insurance Crime Bureau (NICB), SAP, SAS, and TransUnion.Insurers must also generate a close relationship with the state insurance department's fraud division or fraud bureau, local police agencies, the FBI, the ATF, the Postal Investigation Service, the local fire department's arson unit, local prosecutors, and the local U.S. Attorneys if they are to have any chance to reduce the effect of insurance fraud. Insurers should also work to make the general public, state legislators, state governors, congress members and U.S. Senators, and the Attorney General of the United States aware of the effect insurance fraud has on the public at large and the insurance industry.Wherever insurance is written insurance fraud exists. It is an equal opportunity fraud committed by people of every race, religion or national origin. Insurers who do not exercise serious anti-fraud efforts often complain that the local district attorneys and police agencies give a low priority to the crime of insurance fraud. No matter how seriously the insurers work to prove fraud the authorities often ignore them. In response, police and prosecutors complain that the insurers do nothing that police and prosecutors can use to prosecute the crime of insurance fraud while insurers complain that prosecutors ignore them when they present evidence of a fraud. There is truth in both complaints. Insurers, although compelled by statute to investigate potential insurance fraud and to present the results of their investigations to prosecutors, they are not trained as police officers. This book is written to make it clear to insurers, police and prosecutors that it is necessary to stop complaining and start working together to reduce the extent of insurance fraud. If they do not work together the crime will continue to metastasize until it will be impossible to write insurance at a profit or for a price anyone can afford.
Book Synopsis Weitz on Automobile Litigation and the No-Fault Handbook by : Harvey Weitz
Download or read book Weitz on Automobile Litigation and the No-Fault Handbook written by Harvey Weitz and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ridesharing Law and Liability by : Zachary B. Pyers
Download or read book Ridesharing Law and Liability written by Zachary B. Pyers and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book can serve as a resource to the practitioner who is examining both the liability and regulatory issues surrounding ridesharing companies"--
Book Synopsis Litigating the Aviation Case by : Andrew J. Harakas
Download or read book Litigating the Aviation Case written by Andrew J. Harakas and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation. An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including: - Jurisdiction- Forum non conveniens- Preemption- The Montreal Convention- Unruly passengers- Preservation of evidence- Insurance coverage- Damages- The impact of trade sanctions and Medicare on litigation, and moreWritten by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including: - Locating recognized sub-specialists- Maximizing the effectiveness of evidence- Presenting effective opening and closing statements- Cross-examining witnesses- Developing winning trial strategies
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Lawyers, Lawsuits, and Legal Rights by : Thomas F. Burke
Download or read book Lawyers, Lawsuits, and Legal Rights written by Thomas F. Burke and published by Univ of California Press. This book was released on 2002 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Book Synopsis Minnesota Insurance Laws by : Minnesota
Download or read book Minnesota Insurance Laws written by Minnesota and published by . This book was released on 1915 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis California. Supreme Court. Records and Briefs by : California (State).
Download or read book California. Supreme Court. Records and Briefs written by California (State). and published by . This book was released on with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): C003936
Book Synopsis Assembly Bill by : California. Legislature. Assembly
Download or read book Assembly Bill written by California. Legislature. Assembly and published by . This book was released on 1987 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Financial Services Anti-Fraud Risk and Control Workbook by : Peter Goldmann
Download or read book Financial Services Anti-Fraud Risk and Control Workbook written by Peter Goldmann and published by John Wiley & Sons. This book was released on 2009-12-18 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Myth-busting guidance for fraud preventionin a practical workbook format An excellent primer for developing and implementing an anti-fraud program that works, Financial Services Anti-Fraud Risk and Control Workbook engages readers in an absorbing self-paced learning experience to develop familiarity with the practical aspects of fraud detection and prevention at banks, investment firms, credit unions, insurance companies, and other financial services providers. Whether you are a bank executive, auditor, accountant, senior financial executive, financial services operations manager, loan officer, regulator, or examiner, this invaluable resource provides you with essential coverage of: How fraudsters exploit weaknesses in financial services organizations How fraudsters think and operate The tell-tale signs of different types of internal and external fraud against financial services companies Detecting corruption schemes such as bribery, kickbacks, and conflicts of interest, and the many innovative forms of financial records manipulation Conducting a successful fraud risk assessment Basic fraud detection tools and techniques for financial services companies, auditors, and investigators Fraud prevention lessons from the financial meltdown of 2007-2008 Written by a recognized expert in the field of fraud detection and prevention, this effective workbook is filled with interactive exercises, case studies, and chapter quizzes, and shares industry-tested methods for detecting, preventing, and reporting fraud. Discover how to mitigate fraud risks in your organization with the myth-busting techniques and tools in Financial Services Anti-Fraud Risk and Control Workbook.
Book Synopsis Insurance Class Actions in the United States by : Nicholas M. Pace
Download or read book Insurance Class Actions in the United States written by Nicholas M. Pace and published by Rand Corporation. This book was released on 2007-05-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Ways and Means. Subcommittee on Health Publisher : ISBN 13 : Total Pages :40 pages Book Rating :4.:/5 ( download)
Book Synopsis H.R. 3, Medicare-medicaid Anti-fraud and Abuse Amendments by : United States. Congress. House. Committee on Ways and Means. Subcommittee on Health
Download or read book H.R. 3, Medicare-medicaid Anti-fraud and Abuse Amendments written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Health and published by . This book was released on 1977 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert
Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Book Synopsis The U.S. Experience with No-fault Automobile Insurance by : James M. Anderson
Download or read book The U.S. Experience with No-fault Automobile Insurance written by James M. Anderson and published by Rand Corporation. This book was released on 2010 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: "No-fault automobile-insurance regimes were the culmination of decades of dissatisfaction with the use of the traditional tort system for compensating victims of automobile accidents. They promised quicker, fairer, less-contentious, and, it was hoped, less-expensive resolution of automobile-accident injuries. This monograph considers how these plans have fared. After reviewing the intellectual and political history of no-fault auto insurance, the monograph concludes that no-fault lost political popularity because of the perception that it did not deliver the promised consumer premium cost reductions. Analysis of data from a variety of sources confirms this view, demonstrating that premiums and claim costs have become substantially larger in no-fault states than in other states over time. These cost increases can be traced to a variety of factors, including growth in excess claiming in no-fault states and convergence between no-fault and tort states in litigation patterns and noneconomic-damage payments. However, the primary driver of no-fault's cost growth has been high medical costs. The extent to which these additional costs represent augmented utilization of medical services rather than cost shifting from the medical insurance system to the automobile insurance system remains unclear." --Back cover.
