DubiLaw is an experienced litigation firm dedicated to defending the rights of health care providers who treat patients injured in motor vehicle accidents and accept their assignments of no fault insurance benefits. Insurance companies sometimes refuse to pay and, as part of their verification process, impose severe burdens on the medical provider, including requiring the doctor to sit for an Examination Under Oath (EUO). Often the insurance company then makes an overly broad follow-up demand for the doctor’s documents. In certain instances, the insurance company files a lawsuit against the medical provider alleging RICO and fraud. DubiLaw knows how complex these cases can be because we have successfully handled many of them.
Richard A. Dubi, Esq. is both an attorney and a CPA. With over 25 years of experience, he has the unique knowledge, experience, and skill to vigorously defend medical providers in all types of insurance litigation, including the following:
- Insurance company lawsuits
- Civil RICO actions
- Mallela claims
- Verification requests
- Examinations Under Oath (EUOs)
Mallela – Shield, not Sword
In the landmark 2005 decision of State Farm Mutual Auto Ins. Co. v. Mallela, the New York Court of Appeals ruled that a medical provider is ineligible to be reimbursed for no fault insurance claims assigned to him or her by a patient if the provider has committed a licensing or other violation. Mallela was meant to shield insurance companies from fraudulent no fault claims.
Ever since this decision, however, some insurance companies have attempted to use Mallela not as a shield, but rather as a sword. Instead of paying or denying a medical provider’s no fault claim within 30 days of request as required by law, many insurance companies file suit against the provider alleging such things as a fraudulent corporate structure. In addition, these insurance companies demand to see all of the provider’s proprietary documents and records as part of their “investigation” into the alleged fraud. Mallela thus has been turned into a sword that insurance companies wield against medical providers.
Mr. Dubi strongly believes that the Mallela shield should remain exactly that and not be used in an attempt to deprive health care providers of their rightful no fault insurance claims. Consequently, DubiLaw takes on these insurance companies, aggressively defending medical providers from clear abuses by insurance carriers.
DubiLaw has been able to resolve the vast majority of these cases quietly and many times with confidentiality agreements. After completing the verification process and EUO protocols and sending a pay-or-deny letter, the insurance carriers usually pay or compromise. Should they deny, our collection attorneys file for arbitration or file suit for collection.
Trial Counsel to the Profession
DubiLaw stands ready to assist other firms that have case overloads and therefore need an experienced, trusted attorney to settle these cases. Mr. Dubi serves as trial counsel to multiple New York law firms and has of counsel relationships with many such firms. He has successfully litigated cases before the state and federal courts in New York and obtained just settlements. He also has successfully argued cases before both the New York state and federal appellate courts.
For more information or to learn how DubiLaw can obtain a successful resolution of your specific case, contact the Law Offices of Richard A. Dubi, P.C., in any of these three convenient ways: