SIU | Fraud Special Investigations

The SIU | Fraud Special Investigations Team focuses on questionable claims, predominantly involving possible fraudulent activity on the part of insureds. We provide legal representation to insurance carriers during the investigative phase, as well as any ensuing litigation. We handle claims involving reported fire, water damage, burglary, vehicle or boat theft, staged accident, material misrepresentation, mysterious disappearance, and other matters requiring a thorough review.

One of the many investigative tools available to insurers is the right to conduct Examinations Under Oath (EUO). Upon completion of the EUO and any other investigation, we provide legal analysis and recommendations to assist an insurer in making its claims decision.

Pursuant to Florida Statute 817.234, any person who, with the intent to injure, defraud, or deceive any insurer, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree. Further, any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

Florida’s Fraud Prevention House Bill 749 was approved by Governor Ron DeSantis and signed into law on June 3, 2022. The bill, which was unanimously passed by the Senate and House of Representatives, is aimed at helping to prevent insurance fraud. Prosecution of False and Fraudulent Insurance Claims: The bill authorizes an insurer damaged as a result of insurance fraud to recover reasonable investigation and litigation expenses, including attorney fees, at the trial and appellate court, if the insurer had reported the possible fraudulent insurance act to the Florida Division of Investigative and Forensic Services (DIFS) and the possible fraudulent insurance act was criminally adjudicated as guilty. This provides insurers the ability to collect fees and expenses and further assists in holding those responsible for fraudulent claims accountable for their actions.

For assistance, Contact Angela Valdivieso.

To learn more, click here or to see our people who specialize in this practice area.