Blog: Why 'in theory' is not enough - sexual abuse claimants and the insurance industry Tensions between abuse survivors and insurers have always been high. Dr Julie Macfarlane, a distinguished University Professor and Professor of Law (Emerita) at the University of Windsor and the director of the National Self-Represented Litigants Project, explains why this might not be changing any time soon. I believe insurance companies, and the lawyers who work for them, depend on failed claims for their business model. In other words, their legal defence strategy is inherently adversarial and positional, and aims to minimise or deny loss. In the last 15 years, some insurers have recognised another important strategy – settling cases is less costly than fighting them all the way to court. Alas, this message is continuously undermined by the legal profession’s addiction to winning.