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Expert Analysis

NY Insurers Can Avoid Arbitration Over Medical Fraud

Law360, New York (May 20, 2014, 4:56 PM EDT) -- On May 6, 2014, in the case of Allstate Insurance Company v. David Mun, M.D., et al., the Second Circuit rejected an attempt to limit the ability of insurers to seek recovery of no-fault payments made to medical providers through affirmative fraud-based litigation. This decision, on an issue of first impression at the appellate level, is significant because it confirms the right of insurers to have their affirmative claims to recover fraudulently obtained no-fault payments heard in court as opposed to requiring these claims to be arbitrated at the request of the no-fault health care provider....

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