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No-fault insurance fraud amounts to a significant fraud tax on consumers, estimated at billions of dollars each year. Currently, twelve states have a no-fault law, and while there are considerable variations among the no-fault laws in each of these states, they can broadly be classified by the degree 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. Written by practitioners who have tried hundreds of no-fault anti-fraud cases, this book provides a general and practice-focused guide from the perspective of a plaintiff-insurer. The authors explain how to identify corporate structure fraud as well as fraud involving medically unnecessary services, kickbacks, or illusory services. Subsequent chapters address the critical issues involved once an anti-fraud insurance case is initiated, including selecting the defendants and the venue, preparing the complaint, motions to dismiss, counterclaims, discovery, provisional remedies, and settlements, summary judgments, and trial.
About the author
Max Gershenoff is a partner at the law firm of Rivkin Radler, LLP located in Uniondale, New York. Mr. Gershenoff specializes in complex insurance fraud litigation and helps automobile insurers prosecute and defend civil lawsuits under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act in courts throughout the 2nd and 3rd Circuits. Mr. Gershenoff prosecutes affirmative actions to recover insurer claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in complex, large scale insurance fraud schemes. He also represents insurers in the defense of litigation challenging claims-handling practices, counsels insurers on claims-handling practices and investigation techniques, and works with insurers to develop fraud prevention, detection, and recovery plans.
His efforts have helped create a significant body of legal authority supporting the use of civil RICO to combat insurance fraud. In addition, Mr. Gershenoff has published several articles on civil RICO pleading requirements and on privacy issues in the context of insurer record retention requirements. Most recently, he co-authored No-Fault Insurance Anti-Fraud Litigation: A Practitioner’s Guide which was published by the American Bar Association in 2017.
http://www.rivkinradler.com/attorneys/max-gershenoff/
Barry I. Levy, Esq., has been lead counsel in hundreds of complex insurance fraud cases, including many suits to recover claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in insurance fraud schemes. Mr. Levy also counsels healthcare, automobile, property, fidelity, and life insurers on claims handling practices and investigation techniques and the development of ffraud prevention, detection, and recovery plans. He also represents insurers in the defense of litigation challenging claims-handling practices.
Mr. Levy received his B.A. degree from the Ohio State University and his law degree from the Ohio State University College of Law.
