Description

No-Fault Insurance Anti-Fraud Litigation: A Practitioner's Guide Max Gershenoff ISBN 9781634257909

No-fault insurance fraud imposes a substantial hidden cost on consumers, amounting to billions of dollars each year. In states where this type of fraud is widespread, residents have experienced significant increases in automobile insurance premiums. For example, in 2011 Florida drivers paid nearly $58 per vehicle due to no-fault insurance fraud, while New York policyholders bore an estimated $229 million in increased auto insurance costs. Currently, twelve states maintain no-fault insurance laws—Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, North Dakota, New Jersey, New York, Pennsylvania, and Utah. Although these laws vary considerably, they can generally be classified by how much they restrict or permit tort liability and by the thresholds injured parties must meet before pursuing tort claims.

Within this legal landscape, automobile insurers have taken a leading role in combating no-fault fraud, frequently pursuing civil litigation against organized fraud schemes. Written by practitioners who have litigated hundreds of no-fault anti-fraud cases, this practice-oriented guide provides a comprehensive overview of no-fault insurance anti-fraud litigation from the plaintiff-insurer’s perspective, covering each stage of a case from initiation through summary judgment.

While many cases are resolved through settlement or dispositive motions, thorough trial preparation remains essential. The authors offer clear guidance on identifying corporate-structure fraud, as well as schemes involving medically unnecessary services, kickbacks, or illusory treatments. Additional chapters address critical litigation considerations, including selecting defendants and venue, drafting complaints, handling motions to dismiss and counterclaims, managing discovery and provisional remedies, and navigating settlement, summary judgment, and trial proceedings.

No-Fault Insurance Anti-Fraud Litigation: A Practitioner's Guide Max Gershenoff ISBN 9781634257909, 978-1634257909 & 9781634257916

Authors
Max Gershenoff
Barry I Levy