Why Developing Case Law Will Affect Long-Distance Fraud Cases

There can be no question that, as new technologies emerge, they present both opportunities and challenges to litigation, particularly in the insurance fraud arena. These new technologies, together with some tried-and-true methods, can assist the investigator or counsel in preparing and litigating long-distance fraud cases. Long-distance fraud cases involve two kinds of circumstances: (1) matters in which the litigation is pending in one jurisdiction and the allegedly injured claimant resides out of state or across the country, or (2) cases in which the allegedly injured claimant resides in a jurisdiction where the litigation is pending but key witnesses or evidence are out of state. It is important for defense counsel and claims professionals to work together at an early stage to assess the utility of pursuing out-of-state witnesses and evidence.