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Insurance Fraud Defense

Insurance Fraud Investigation

We counsel insurance companies on suspicious claims and prosecute fraud perpetrators in Massachusetts. With the advancement in technology, detection of fraud has become increasingly more difficult, without a knowledgeable insurance fraud lawyer to uncover the facts leading to a success fraud defense. We work with insurance companies’ Special Investigative Unit, forensic engineers, fire investigators, and insurance fraud investigation experts, to uncover hard and soft fraud by policyholder and enterprises. Hard fraud involves some degree of planning and execution. Soft fraud in property insurance claims include exaggeration of the items damaged in a fire and is often referred to as an opportunistic fraud.

Fraud by a policyholder voids the insurance policy. In Massachusetts, Gen. Laws ch. 175, § 99 provides:

This entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.

In conjunction with an insurance companies’ investigation, an examination under oath of the policyholder may be requested. This exam is often referred to as an EUO. An EUO is a formal process used by insurance companies to interview the policyholder under oath about the claim. Attendance and cooperation at an EUO are condition precedent under a property policy of insurance to insurance benefits. In addition to taking EUO’s, we assist insurance companies in securing salient documentary records by obtaining court orders releasing information and records held by third parties.

REPRESENTATIVE CASES

  • Prosecution of arson case involving a leading restaurant chain under the Maine’s fraudulent insurance act.
  • Prosecution of fraud in the presentment of the claim where policyholder intentionally misrepresented additional living expenses.
  • Coverage dispute involving a house fire where policyholders failed to appear for examination under oath.
  • Arson defense involving restaurant in the North End of Boston where brother was charged in the commission of the arson. Policyholder was successfully prosecuted for insurance fraud.

Please contact our insurance fraud defense lawyers to zealously represent you in suspicious claims in Massachusetts. Call us at (617) 777-4748 or email us at [email protected]

Contact us

Please contact us for your Massachusetts insurance coverage
disputes and nationwide subrogation claims.

The Law Offices of Marie Cheung-Truslow provides the skillful
representation you need.

Call us at 617-777-4748 or contact us online to set up an initial consultation.

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