No-Fault Insurance Anti-Fraud Litigation: A Practitioner's Guide

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.