No-Fault Insurance Defense
We represent insurance companies in New York and New Jersey in no-fault insurance claims. While medical providers and their attorneys seek to maximize payouts through filing excessive claims, our experienced team skillfully defends these matters to ensure our clients do not pay more than their responsibility. Because these claims are particularly susceptible to fraud, our no-fault and SIU teams work in collaboration with one another to ensure our clients are getting the best possible defense. Not only do we defend lawsuits and arbitration actions, but we will also advise clients on how to successfully adjudicate multiple claims at once in declaratory judgment actions after claimants and medical providers to appear for EUO or provide appropriate verification.
Harlan Schreiber chairs our no-fault-team. Harlan has taken hundreds of examinations under oath, tried scores of cases in New York City and its adjoining counties, and argued dozens of appeals. He specializes in complex coverage issues raised by no-fault claims. Among his most notable successes is Unitrin Advantage Ins. Co. v. Bayshore Physical Therapy, 82 A.D.3d 559 (1st Dep’t 2011), where an appellate court recognized, for the first time, that coverage based disclaimers are not subject to the ordinary time limits of the no-fault regulations. More recently, in Unitrin Advantage Ins. Co. v. 21st Century Pharmacy, Inc., 2018 N.Y. Slip Op. 03438 (1st Dep’t 2018) he obtained an appellate affirmance of a trial court decision that permits insurers to disclaim coverage where a claimant fails to subscribe his or her examination under oath transcript. He also obtained judgments finding that various medical providers were fraudulently incorporated and, therefore, not eligible to seek payments from no-fault insurers. See, e.g., 21st Century Ins. Co. v. Blackman, 2017 N.Y. Slip Op. 32478(U)(Sup. Ct., N.Y. Co. 2017).
We invite you to learn more about our team by reaching out to us.