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New York Personal Injury and Insurance Defense Lawyers

Fraudulent Insurance Claims Revealed by Social Media

When defending against insurance claims in 2017, there are various forms of technology available to discover fraudulent claims. Through data analytics, internet-enabled automobiles, wearables and other forms of technology, insurance providers are able to discover when a claim is fraudulent. But what investigators are now starting to discover is that a claimant’s social media account could be the first place to start. Through a thorough investigation, a defendant can find valuable information to the defense of a claim. Recently, several claims have highlighted this fact.

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New York Court of Appeals Recognizes Difficulty of Interpreting Insurance Policies

In early 2016, the New York Court of Appeals heard the case of Selective Ins. Co. of America v. County of Rensselaer, 26 NY3d 649 (2016). The case involved a dispute over the language of an insurance policy between the insurer and the County of Rensselear. After settling a civil class action for the county, the insurer argued that each class member was subject to a separate deductible, while the county argued that there should only be one deductible applied to the class.

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Insurance Fee Schedule Used as an Affirmative Defense

Submitting claims to insurance agencies can be complex as there are fee schedules and set services which are covered. One recent case involved fee schedules and payment of claims. Ms. Kenia Perez was a patient at East Coast Acupuncture (ECA) during August, September, and October 2013. After ECA submitted claims for Ms. Perez for treatments received, the defendant, Hereford Insurance Company, recalculated the amount of the claims based on their fee schedule. Afterwards, ECA brought suit to recover the amount of claims left unpaid by Hereford.

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