(as of May 28, 2023 23:27:21 UTC – Details)
No-fault insurance fraud amounts to a significant fraud toll on consumers, estimated at billions of dollars each year. Residents in states where no-fault insurance fraud is endemic have experienced large increases in their auto insurance premiums. For example, in 2011 Florida residents paid nearly $58 per vehicle as a result of no-fault insurance fraud, and in New York policyholders paid the equivalent of $229,000,000 in increased auto insurance policies as a result of this fraud. Currently, twelve states have a no-fault law (FL, HI, KS, KN, MA, MI, MN, ND, NJ, NY, PA, and UT), and while there are significant differences between the no-fault laws in each of these states, they are broadly classified according to the extent to which the respective systems permit or abolish tort liability, and the type of threshold an injured party must meet before tort liability is permitted.
Against this background, auto insurance companies have been the primary players in the fight against no-fault fraud, engaging in civil litigation against no-fault insurance fraud rings. Written by practitioners who have litigated hundreds of no-fault anti-fraud cases, this is a practice-oriented, general guide to anti-fraud insurance litigation from the perspective of a plaintiff-insurer, from case initiation to summary judgment.
Although most lawsuits are resolved through settlement or dispositive motion practice, thorough preparation of the case for trial is critical. The authors provide clear guidance on how to identify corporate structure fraud as well as fraud involving medically unnecessary services, kickbacks or illusory services. Further chapters address the critical issues involved once an antifraud insurance case is commenced, including selecting the defendants and venue, preparing the complaint, motions to dismiss, counterclaims, discovery, preliminary remedies and settlements, summary judgments and trial.
Publisher: American Bar Association (June 7, 2019)
Paperback: 312 pages
ISBN-10 : 1634257901
ISBN-13 : 978-1634257909
Item weight: 15.2 oz
Dimensions: 6.11 x 0.64 x 8.95 inches