SIU litigation involves an individual or individuals attempting to defraud an insurer. These cases are far more often tried than settled. The parties do not try to bridge their differences by an accommodation or settlement. Companies generally are unwilling to negotiate a settlement with an adversary participating in fraud. Accordingly, an effective SIU counsel requires a specialized skill set different from those possessed by an attorney handling automobile liability cases.
Specialization leads to a number of positive results.
First, an attorney that specializes in the area of SIU litigation has a greater working knowledge of the law and statutes relating to such cases. Second, and perhaps more importantly, SIU counsel has a greater understanding of the fact patterns involved in fraudulent schemes, thus making it easier to identify and assemble evidence of fraud. SIU counsel also has a stronger grasp of the quantum of evidence necessary to make a determination concerning coverage, and to defend that position at trial. Conversely, it is all too common that attorneys who are unfamiliar with SIU cases put forth a timid defense. Unfamiliarity with a given subject matter often breeds hesitation and reluctance in an attorney, which has a number of detrimental side effects to you as a client.