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HLG successfully argues in support of waiver of liability and no-fault claims

Nationwide Affinity Insurance Company of America v. Winston Jackson, et. al.

Index No. 604911/2017

Supreme Court: New York – Nassau County

In a decision out of the Supreme Court, Nassau County, Allan S. Hollander was successful in obtaining a judgment that relieved Nationwide of its obligation to provide No-Fault and Liability coverage on a suspect loss. After Nationwide’s preliminary investigation revealed possible indicia of fraud, it retained Allan to assist in its investigation into whether the motor vehicle loss in question was a staged and/or intentional loss. Along with the information obtained from Nationwide’s field investigation, Allan conducted the examinations under oath (EUOs) of the vehicle’s three (3) occupants. When Nationwide reviewed all the evidence, including but not limited to the multiple discrepancies in the EUO testimony, it made the decision to deny personal injury protection and liability coverage. To validate its denial of coverage, Allan commenced a declaratory judgment action on behalf of Nationwide. After being presented with all evidence, the Court determined the motor vehicle incident in question was a staged and/or intentional loss and as such, Nationwide was relieved of its obligations to provide No-Fault and Liability coverage.

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