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Insurance Defense Attorney / Litigation - Insurance Attorney in Overland Park, KS

Merchants Bonding Company (Mutual) Dec 09,2021 Apr 10,2021 Location Overland Park KS
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In-House

Attorney

Insurance

Litigation - Insurance

Min 5 yrs required

Profile

Claim Attorney The candidate will review and analyzes correspondence and documents primarily submitted by claimants and Principals, interviews involved persons and requests additional documentation in order to determine loss and expenses. Will documents investigation efforts in claim files and maintains relevant file documentation within the claims handling system. If necessary, retains consultants to assist with claim investigation or salvage and indemnity aspect of the claim. Researches sources of salvage, reimbursement and indemnification for any loss or expense that may be paid. Requests recovery of loss, expenses and costs in accordance with the terms of the Indemnity Agreement or the surety’s statutory or common law equitable rights or rights of equitable subrogation. If necessary, may negotiate directly with stakeholders to resolve claims, including creating secured re-payment plans, referrals to collection agencies, or pursuing indemnity actions. Drafts determination letters and reviews recommendations with supervisor, as required. Prepares documentation for payments, if approved. May make decisions regarding collateral or other indemnity or subrogation rights. Coordinates with Accounting on large losses or to establish cash collateral accounts. Obtains reimbursement pursuant to agreements such as collateral trust agreements. Audits journal entries periodically for accuracy. Makes reserve recommendations and posts reserves. Conducts review of entire Principal account, including open bonds, Principal file and involves Underwriters and Agents as appropriate. Prepares correspondence and documents for claimants, Principals or third parties along with underwriters and agents, if necessary. Seeks legal counsel or retains consultants as appropriate based on the merits of the claims. Audits outcomes and performance to assure competence. Reviews bills for accuracy and reasonableness. Authorizes payment. Stays abreast of claims handling requirements of corresponding jurisdictions and attends required claim and anti-fraud training. Reviews bond language, contracts, codes, statutes and case law, as applicable to the claims. Assists underwriters, principals and agents with legal or claim questions on their active accounts.

Qualification and Experience

The candidate should have a J.D. degree plus 5+ years of experience in surety, construction law or related industry. Experience investigating and adjudicating claims in the surety industry is preferred. License to practice law in appropriate jurisdictions. Per the Surety Claims Adjuster policy, must acquire within the first 30 days of employment and maintain an adjuster’s license in every state where a license is required.

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