NO-FAULT LITIGATION


The firm maintains a No-Fault department that is involved in all aspects of the practice, from submission of claims to litigation and larger scale coverage actions. The firm's primary goal is to think outside the facially rigid rules imposed by regulation and to identify the avenues that provide clients with an extra layer of protection against specious claims.

The firm regularly conducts investigations as to the legitimacy of reported collisions and subsequent treatment by taking examinations under oath of claimants and medical providers. In so doing, the firm's staff works hand-in-hand with the insurer to ensure that no fraudulent claims are paid and that all medical provider claimants are properly licensed and affiliated, as required by the No-Fault regulations and by New York's Education and Corporation Laws.

The firm also maintains an active litigation and arbitration practice and regularly conducts arbitration hearings, as well as trials and appeals. This team has obtained excellent results for its clients, particularly in defending fraud claims, including some of the leading New York State decisions on this issue. In particular, the firm's attorneys have obtained decisions lowering the burden of proof required for an insurer to disclaim coverage for fraud. The firm's members have also received favorable decisions, protecting insurers from having to justify examination under oath requests post hoc and piercing corporate veils of providers who seek to use the corporate entity to shield themselves from fraudulent behavior.

The firm has determined that it is necessary to aggressively protect its client's interests in cases in which the client maintains a pervasive defense to an array of claims. The firm has led the industry in initiating declaratory judgment actions, which have been an effective tool in cutting off claims and, at the same time, reducing fees and costs for its clients. The declaratory actions have been used to attack all claims resulting from a single accident or in larger actions relating to licensing and RICO violations by medical providers.

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630 Third Avenue, 3rd Floor, New York, NY 10017 | Phone: 212-953-2381 | Email: crubin@rubinfiorella.com

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