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Understanding No-Fault Claims and Litigation

Total Credits
1.5 - 2
  • Instant Online Access
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  • DVD & CDs
  • iOS & Android App
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The concept of no fault claims is meant to reduce the cost and hassle of legal proceedings by systematizing compensation for certain incidents and injuries. But that doesn't mean that the process is simple or streamlined though it is one that every attorney needs to know.

This CLE course will present a thorough review of no fault claims and litigation including common defenses, proximate cause, non-ascertainable treatments, fraud, disqualification of a medical provider and defective no fault assignments. The course will review the importance of documentation, review the specifics of which medical facilities to use, explain benefits and the arbitration process.

Topics include:

  • Examinations Under Oath vs. Discovery Under Rules of Civil Procedure
  • Common Defenses
  • Medical Necessity
  • Proximate Cause
  • Use or Operation
  • Treatment Not Ascertainable Within One Year of the Date of the Accidents
  • Fraud
  • Disqualification of the Medical Provider
  • Defective No-Fault Assignment
  • Timing Considerations in Denial
  • What benefits are available and how do you gather proper documentation to support client’s entitlement to them
  • Importance of using med facilities which are familiar with NF, IMe’s
  • What to do in the event NF benefits are denied as the result of IME,
  • Arbitration of NF benefits
  • NF subro and how does it affect Plaintiff’s case, etc.

Lecturer Bios

Gail L. Ritzert, Esq.

Gail L. Ritzert focuses her practice on insurance coverage and insurance defense matters, concentrating in both the coverage and defense of catastrophic injury cases arising from construction accidents, products and premises defects, transportation claims, and the defense of municipalities and schools. She works closely with national construction and electrical contractors, real estate developers, property managers and franchisors. She serves as regional counsel handling transportation claims for a national conglomerate, and works with interstate trucking concerns to develop risk management protocols and litigation strategy. She also utilizes her training and experience in the representation of pre-school, primary and secondary educational and technical institutions against claims arising from their instructional programs, student supervision, extra-curricular activities, intramural and interscholastic athletics, and student placement.

A highly experienced trial attorney, Gail has tried numerous cases to successful conclusions in all courts in the New York metropolitan area. Gail has also served as the regional seminar coordinator for one of the largest domestic insurers. Gail is a frequent lecturer and has spoken extensively for the Defense Research Institute, the Defense Association of New York, the National Business Institute, the New York State Bar Association and the Nassau County Bar Association on topics including construction law and trial strategies, catastrophic injuries, litigation of insurance coverage disputes, medical malpractice, supplemental underinsurance and uninsured motorist claims and ethics. She is a past president of the Defense Association of New York and has served as the New York State representative to the Defense Research Institute.

Gail graduated cum laude from Pfeiffer College in 1982, received a Master’s Degree in Education from Frostburg State University in 1986 and her Juris Doctor from St. John’s University School of Law in 1989. She is admitted to practice in New York, Connecticut, the District of Columbia, and before the United States District Courts for the Southern and Eastern Districts of New York.

Rebecca Fortney, Esq.

Rebecca Fortney joined the firm in 2005 and immediately hit the ground running. Ms. Fortney has an extensive background in the insurance industry, which includes several years experience as a claims adjuster, then as an attorney for defendants in personal injury actions. Ms. Fortney's knowledge of insurance company procedures and tactics allows her to develop effective strategies to combat these tactics during litigation.

Ms. Fortney graduated with honors from Touro College, Jacob D. Fuchsberg Law Center and conducts lectures for both attorneys and claims professionals for the National Business Institute on several topics, including Trial of Soft Tissue Injury Cases and Uninsured and Underinsured Motorist Law.

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