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September 5, 2014

Courts Permit Mallela Claims against "Article 28" Facilities

August 25, 2014

Among Significant Decisions, Court Vacates Prior Breach of Duty to Defend Ruling

July 7, 2014

Arbitration or Litigation of No-Fault Insurance Disputes: The Second Circuit Speaks

May 2, 2014

Grand Jury Recommends Four Steps to Cut Workers' Comp Fraud

March 7, 2014

Restitution to Insurance Carriers: The New York Rule

February 9, 2014

Rivkin Radler Featured in Newsday LI Business Section

January 3, 2014

Cases Across the Country: Small, Big, and In Between

November 1, 2013

The Case for Allowing Insurers to Recover Attorneys' Fees in Fraud Suits

October 4, 2013

Evan Krinick on panel for NYSA 2013 Law School of Insurance Professionals Program

September 6, 2013

Growing Role of Discovery in Providers' Cases Seeking No-Fault Benefits

August 26, 2013

Breach of Duty to Defend Stands Out Among Noteworthy Issues

August 1, 2013

Krinick, Levy, and Bank help secure Appellate Division affirmation of decision invalidating Mayor Bloomberg's Soda Ban

July 5, 2013

Appellate Court Upholds Insurers' Defense Verdict Involving Approx. $20 Million In Pending Claims

July 5, 2013

Statute and Common Law Provide Immunity for Insurers Reporting Fraud

June 26, 2013

Evan H. Krinick Elected Managing Partner

May 3, 2013

Court Validates Another Tool for Insurers in Fight against No-Fault Fraud

March 1, 2013

Proposed Legislation Would Help Fight No-Fault Insurance Fraud

November 2, 2012

Regulation Barring Health Care Providers From No-Fault Program

October 5, 2012

Rivkin Radler Team Persuades Federal Court To Strike Down Critical Portions of New York City Debt Collection Law

September 9, 2012

Evan Krinick, Max Gershenoff and Michael Versichelli secure complete dismissal, on reconsideration, of a putative federal class action.

September 6, 2012

From Common to Convoluted, Cases Demonstrate Range of Fraud

August 27, 2012

Unanimity, for the Most Part, In Broad Variety of Insurance Rulings

July 6, 2012

ERISA Preemption Rejected in Insurers' Claims against Health Care Providers

May 21, 2012

Evan Krinick to speak at the NYS Bar Association's Insurance CLE

May 10, 2012

Identifying and Combating No Fault Fraud

May 10, 2012

Rivkin Team Obtain Victorious Decision

May 4, 2012

Anatomy of Massive No-Fault Insurance Fraud Alleged by Government

March 2, 2012

Courts Weigh Arbitration of No-Fault Claims

January 6, 2012

The Power of Policy Rescission as a Tool to Combat Fraud

November 4, 2011

Are Statutory Changes To No-Fault Law on the Horizon?

September 2, 2011

Should Premiums Be Returned When Policies Are Obtained by Fraud?

August 22, 2011

Decisions Reflect Significance Of Insurance Law Across New York

July 1, 2011

Wave of Civil Claims Being Asserted by Insurers Against Alleged Fraud

May 13, 2011

Evan Krinick to speak at NYS Bar Association CLE Conference entitled, "Insurance Coverage 2011 - What Every Practitioner Needs to Know"

May 6, 2011

Criminal and Administrative Insurance Fraud Cases in the Courts

March 4, 2011

"Prior Knowledge" Exclusion, Law Firm Coverage and Client Fraud

January 7, 2011

Update on Key Issues From 2010

January 2011

Court Dismisses Class Action Challenging Automobile Insurer's Specification of 'Non-OEM' Crash Parts In Repair Estimates

November 5, 2010

Fraud Claims Over Stranger-Originated Life Insurance Hit the Courts

September 3, 2010

It's Time to End the 30-Day Preclusion Rule

September 2010

Kotula, Krinick, McNamara & Richman Named Among LI's Top Legal Eagles

July 2, 2010

Government, Private Parties Focus on Stopping Health Care Fraud

May 7, 2010

Legislative And Regulatory Changes To Combat Rise In No-Fault Fraud

March 5, 2010

Fierce Litigation Battles Over Range of ‘Mallela' Issues

March 2, 2010

Good Faith Claim Handling

January 8, 2010

Five Years Later, Issues From Mallela Continue To Be Litigated

November 3, 2009

Litigation Over Employee Fidelity Bonds Likely To Increase

September 1, 2009

When An Auto Policy Is Obtained By Fraud

August 31, 2009

Rulings Hold Practical Importance for Carriers and Policyholders

July 17, 2009

Rescission When Fraud Is at the Heart of Life Insurance Policy

July 16, 2009

More Than One Year Later, No Clear Standard Has Developed In The Wake Of New York Court Of Appeals' Bi-Economy Ruling

May 1, 2009

Examinations Under Oath And Attorney-Client Privilege

April 2009

New York Court of Appeals Clarifies No Fault Attorney's Fees and InterestSignificant Ruling For Insurers

March 3, 2009

Rise in Mortgage Fraud Highlights Importance of Best Practices

January 2, 2009

Fraud Continues to Grow, Becomes More Complex

November 4, 2008

"Signed" Second Department Decisions

October 16, 2008

Contract Disputes

September 9, 2008

Cases From the State Court of Appeals

September 2, 2008

From Damages Claims to No Fault, Opinions Covered Wide Territory

August 2008

Insurance Claims

July 8, 2008

Discovery Disputes

June 10, 2008

Family Fights

May 13, 2008

Libel Law

April 8, 2008

Resolving Complex Mortgage Foreclosure Disputes

April 7, 2008

Consequential Damages Claim Against Insurer Permitted

March 17, 2008

New York State Public Health Council Approval of Ambulatory Surgery Center Means Quality Choices for Patients

March 11, 2008

Construction Claims Under the Labor Law

March 2008

Insurance Law News Bulletin March 2008

January 8, 2008

Tort Defenses

December 11, 2007

Development Disputes

November 12, 2007

Complex Contract Claims

October 23, 2007

Damages

September 11, 2007

Local Governments Defend A Wide Range of Matters

September 10, 2007

Variety of Insurance Disputes Resolved By Court

August 14, 2007

A Broad Range of Construction Disputes

July 10, 2007

CPLR Is Often the Key To Appellate Rulings

June 12, 2007

Municipal Land Use Actions

May 4, 2007

Foreclosure Disputes

April 10, 2007

Breach of Contract

March 13, 2007

Employment Litigation

February 13, 2007

Real Estate Rulings In Suffolk County

January 9, 2007

Commercial Disputes

December 12, 2006

Auto Insurance Issues On Appeal

November 14, 2006

Medical Malpractice

October 10, 2006

Real Property Statutes

September 12, 2006

Land Use Issues

September 11, 2006

Grappling With Policy Scope and Exclusions

August 8, 2006

Estates and Trusts

July 11, 2006

Breach of Contract

June 13, 2006

Construction Disputes

May 17, 2006

Courts Reject Claim Against Sale Of Expired Goods

May 11, 2006

Property Battles

May 2006

Insurance Fraud Legal Update- Spring 2006

April 11, 2006

Collecting Debts And Foreclosing Mortgages

March 16, 2006

Contract Claims

February 16, 2006

Claims To Real Property

January 10, 2006

Retaliation Claims

December 15, 2005

Area Variances on Appeal

October 11, 2005

Dissecting Dissents

September 13, 2005

Real Property Contract Questions

September 12, 2005

Personal Injury Is the Theme in Major Rulings

August 9, 2005

When Is There Proof of 'Intent' To Discriminate?

July 12, 2005

Trusts And Estates On Appeal

June 14, 2005

Corporate Complaints

June 13, 2005

Local Rules Differ From One Venue to the Next

May 13, 2005

Managing Mortgage Foreclosures

April 12, 2005

Resolving Real Estate Contract Rows

March 2005

Decision By New York's Highest Court Under No-Fault Law Provides Insurers With Protection Against "Doc-in-the-Box" Fraud

See All

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Attorney Profile

Evan H. Krinick

Partner

Evan H. Krinick serves as Rivkin Radler's Managing Partner. He is a successful trial and appellate lawyer who has represented the firm's clients in state and federal courts locally and across the country.

A former law clerk in the New York Court of Appeals, Evan has briefed and argued numerous precedent-setting appeals, including: Glassman v ProHealth,14 N.Y.3d 898 (2010) (health care licensing); Pavia v State Farm, 82 N.Y 2d 445 (1993) (insurance bad faith); State Farm v Mallela, 4 N.Y.3d 313 (2005) (insurance fraud); Collela v Board of Assessors, 95 N.Y.2d 401 (2000) (standing in a commercial dispute); Food Parade v Office of Consumer Affairs, 7 N.Y.3d 568 (2006) (municipal authority for unfair and deceptive practices); Brothers v NYSEG, 11 N.Y. 3d 251 (2008) (vicarious liability); and LMK Psychology v State Farm, 12 N.Y.3d 217 (2009) (no fault attorneys' fees).

Among his most notable cases is his representation of the Long Island Power Authority in a series of lawsuits arising from their acquisition of LILCO and the Shoreham Settlement agreement.  Evan also has represented various industry groups and trade associations as amicus curiae in dozens of significant appeals and served as counsel in hundreds of significant rulings that impact such legal disciplines as: commercial and banking; municipal and public authorities; tort liability; insurance; insurance fraud, bad faith and no fault.

Evan was named as a Super Lawyer in the Metro New York Area in Appellate for 2014.

As counsel for the Long Island Power Authority, he represented the utility in many significant cases, including:

LIPA v. Suffolk, (2d Dep't 1993) (declaratory judgment as to PILOT obligations); Suffolk v. LIPA, 177 Misc.2d 208, (Sup. Ct. Nassau Cty. 1998) (challenge to LILCO acquisition); ICE v. LIPA, (Sut Ct. Suffolk 1997) (challenge to LILCO acquisition);  Farmingdale v. LIPA, (Sup Ct. Nassau 1998) (eminent domain); Huntington v. LIPA, 14 F. Supp. 2d 260 (E.D.N.Y. 1998) (challenge to filed rates); ABLI v. LIPA, (Sup Ct. Nassau Cty. 1999) (challenge to Shoreham Settlement agreement); LIPA v. Suffolk, (Sup Ct. Nassau Cty. 1999) (PILOT recovery).

Mr. Krinick's amicus curiae representation includes:

Fair Price v Travelers, 10 N.Y.3d 556 (2008) (insurance fraud); Allstate v Valley Physical, 555 F. Supp. 2d 335 (E.D.N.Y. 2008) (insurance fraud);  Bi-Economy v Harleysville, 10 N.Y.3d 187 (2008) (insurance bad faith); Hospital for Joint Diseases v Travelers, 9 N.Y.3d 312 (2007) (no fault litigation); Hiraldo v Allstate, 5 N.Y.3d 508 (2005) (insurance coverage for lead poisoning); Argo v Greater New York, 4 N.Y.3d 332 (2005) (late notice rule); Rekemeyer v State Farm, 4 N.Y.3d 468 (2005) (late notice rule); New England Mutual v Doe, 93 N.Y.2d 122 (1999) (life insurance); Merson v McNally, 90 N.Y.2d 742 (1997)(SEQRA issues); Fumarelli v Marsam, 238 A.D.2d 470 (1997)(SEQRA issues).

He also has served as the counsel in noteworthy cases in the following disciplines:

Commercial and Banking; See e,g., McCallum v MRW Group, 25 Misc.3d 1240(A) (Sup. Ct. N.Y. Cty. 2009) (preliminary injunction); HIP v Board of Assessors, 44 A.D.3d 10440 (2d Dep't 2007) (tax assessment); Lawyers Fund for Client Protection v Dime, 294 A.D.2d 337 (2d Dep't 2002) (banking liability); Norwest Mortgage v Dime, 280 A.D.2d 653 (2d Dep't 2001) (banking liability); NY State Conference v Muhl, 260 A.D.2d 759 (3d Dep't 1999) (regulatory dispute).

Municipal and Public Authorities; See e.g., Steel Los v NYPA, 21 Misc.3d 707 (Sup. Ct. NY Cty. 2008) (condemnation); East End v Kessel,46 A.D.3d 817 (2d Dep't 2007) (public authorities law issue); Huntington Yacht Club v Village of Huntington Bay,1 A.D.3d 480 (2d Dep't 2003) (municipal authority); Tobak v Schmitt, 26 A.D.3d 347 (2d Dep't 2006) (election dispute).

Tort Liability; See e.g., Vaughn v Leeds, Morelli & Brown, 315 Fed.Appx. 327 (2009) (professional malpractice); Leon v Martinez, 84 N.Y.2d 83 (1994) (assignment of lien); Groves v Land's End, 80 N.Y.2d 978 (1992) (Labor Law issue).

Insurance; See e.g., Bovis Lend Lease v Garito, 5 A.D.3d 872 (1st Dep't 2009) (additional insured coverage); Mazz v Progressive, 2009 WL 891837 (W.D.N.Y. 2009)(body shop litigation); Cohen v MMIP, 56 A.D.3d 296 (1st Dep't 2008) (medical malpractice coverage); DeGuglielmo v Travelers, 6 A.D.3d 344 (1st Dep't 2004) (CGL coverage); Schwimmer v Allstate, 176 F.3d 648 (2d Cir. 1999) (interest issue).

Insurance Fraud; See e.g., McGee v State Farm, (RICO claim); Oklslen v DiNallo, 25 Misc.3d 637 (Sup. Ct. NY Cty. 2009) (challenge to DOI authority); Ava Acupuncture v State Farm, 592 F. Supp. 2d 522 (S.D.N.Y. 2008)(removal of class action); Allstate v Massre, 14A.D.3d 610 (2d Dep't 2005) (staged loss); State Farm v Laguerre (staged loss); Metro Medical v Eagle, 293 A.D.2d 751 (2d Dep't 2002) (intentional act).

Insurance Bad Faith; See e.g., New England v Healthcare Underwriters, 352 F.3d 599, __ F.3d __ (2d Cir. 2003) (jury verdict issues); Globecon v Hartford Fire, 2009 U.S. App. LEXIS 25802 (2d Cir. 2009) (first party dispute); Paull v First Unum,  295 A.D.2d 982 (4th Dep't 2002) (punitive damages); Calo v State Farm, 251 A.D.2d 280 (1998) (third party bad faith failure to settle); Affiliated FM v Hartford, 226 A.D.2d 292 (1st Dep't 1996) (third party bad faith failure to settle).

Insurance No Fault; See e.g., Brentwood v Allstate, 508 F. Supp. 2d 278 (S.D.N.Y. 2007) (fee schedule interpretation); Long Island Radiology v Allstate, 36 A.D.3d 763 (2d Dep't 2007) (medical necessity).

Mr. Krinick has also represented various municipalities and individual voters in various voting rights and constitutional challenges to at-large voting systems and the drawing of district lines based on the decennial census.

A prolific author, Mr. Krinick is a columnist for the New York Law Journal (NYLJ) on the topic of Insurance Fraud.  He was previously the Long Island columnist for the NYLJ, the UCC columnist for the Banking Journal andhas authored the insurance column for the annual NYLJ Court of Appeals special section for more than a decade.  He also lectures frequently to the New York State Bar Association and other venues on appellate practice, civil procedure, expert witnesses and insurance coverage, and to the private sector on appellate advocacy, insurance bad faith and lender liability.

Mr. Krinick is the former chairman of the Leadership Council of the Long Island Mentoring Partnership and was inducted into the Long Island Business News' 40 Rising Stars Under 40.

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Evan Krinick

Long Island
926 RXR Plaza
Uniondale, New York 11556-0926

PHONE (516) 357-3483
FAX (516) 357-3333
evan.krinick@rivkin.com

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PRACTICE AREAS

Insurance Coverage & Litigation

Litigation & Appeals

BAR ADMISSION

New York State

COURT ADMISSIONS

United States District Court, New York, Southern & Eastern Districts
United States Court of Appeals, Second Circuit
United States Supreme Court

BAR AFFILIATIONS

American Bar Association: Member
American Judicature Society: Member
New York State Bar Association: Committee on the Civil Practice Law and Rules
Nassau County Bar Association: Appellate Practice Committee
New York County Lawyers' Association: Appellate Advocacy Committee

CLERKSHIPS

Sr. Law Clerk, Honorable Fritz W. Alexander, II, Associate Judge -New York Court of Appeals

EDUCATION

Albany Law School, Juris Doctor, cum laude
Union College, B.A. in Law and Public Policy