R-11840 Claim Counsel, Construction Services Claim

Website Travelers

Property & Casualty Insurance company

Under moderate supervision, fulfill Bond & Specialty Insurance (Bond) Claims mission by conducting thorough investigation, analysis, evaluation and disposition of claims to achieve superior customer service and claim results at the most reasonable cost.

Travelers offers a hybrid work location model that is designed to support flexibility

Primary Job Duties & Responsibilities
Within authority limit, thoroughly analyze, investigate, negotiate and resolve moderate severity Bond claims with moderate supervision by claims management.
Make appropriate decisions within own claim authority and make appropriate recommendations to management when necessary.
Follow operational policies and procedures, including compliance, regulatory and Bond performance and customer service standards.
Maintain accurate documentation/information in claim file and Bond Claim Management System (BCMS) and adhere to Claim documentation standards (i.e. coverage analysis, reserve and settlement rationale, current diary).
Prepare reports (i.e., Large Loss Memos, quarterly claim, EC, trial, class action) to management which accurately reflect loss development, potential/actual financial exposure, coverage issues, claim and recovery strategies.
Identify and optimize pre-loss recovery opportunities through identification of potential sources of recovery, to include potential responsible party, co-conspirators, beneficiaries and any third parties (e.g., accountants and banking Institutions, scrap yards, employment agencies, E&O, or other insurance, etc.).
Identify all recovery opportunities and coordinate recovery efforts with the Recovery Management Unit and claims management.
Within authority limit, retain, monitor, manage and approve payments to outside counsel on routine litigation matters, actively utilizing litigation management plans and budgets. Guidance is needed for non-routine litigation.
Solicit input and guidance from management when resolving claims which are beyond authority level. Communicate reserve adjustments to underwriting.
Assist/mentor less experienced colleagues in claim resolutions.
Answer legal questions posed by underwriters that impact underwriting decisions, combining legal research with knowledge gained based on experience handling claims.
Advise underwriters regarding the legal effect of bond and policy language and the extent of coverage.
Answer legal questions posed by non-lawyer claim professionals to assist them in determining the legal standards applicable to claim handling and claim decisions.
Maintain an active license in the state of your principal office location and remain current with all CLE credits.
Reviewing and drafting releases and settlement agreements, including confidentiality and no disclosure provisions, for sufficiency, and drafting same for direct handled matters. Advise non-attorney claim professionals on the same.
Negotiate settlements/resolutions directly or via counsel using legal arguments relevant to liability, damages, and coverage.
Surety specific:
Modify terms of indemnity agreements to meet needs of underwriters and accounts while still protecting the Company’s interests. Draft riders and other modifications to indemnity agreements.
Review accounts’ trusts to determine whether the trustees have the power to bind the assets of the trusts to an indemnity agreement with the Company. Draft trust amendments where necessary and possible to allow trusts to indemnify.
With guidance, draft and modify takeover agreements, completion agreements, subcontractor ratification agreements, and any other documents necessary to mitigate risk and discharge the Company’s bond obligations concerning the takeover and completion of construction projects.
With guidance, draft and modify financing and collateral agreements to assist troubled accounts to discharge bonded obligations and/or secure assets that may be needed to recover the Company’s anticipated losses on bonds.
Review documents pertaining to mergers, equity sales and asset sales to determine the legal status and ownership of indemnitors undergoing a change of control. Draft and negotiate appropriate agreements to document indemnity changes related to such transactions.
Monitor account bankruptcy proceedings and document new or assumed indemnity if available. Draft and file proofs of claim and advise as to potential recovery. Assist with the negotiation of debtor in possession surety facilities.
Negotiate the terms under which the Company will complete or procure completion of defaulted construction projects.
Negotiate collateral arrangements with troubled accounts.
Negotiate terms of indemnity to be provided to the Company to support the issuance of bonds.
Negotiate changes to irrevocable letter of credit forms with commercial banks.
Negotiate changes to set aside letters from lenders.
Review and negotiate Intercreditor agreements and subordination agreements with other creditors of the account on behalf of underwriting and as part of a workout arrangement to mitigate claim exposure. As part of this work, advise as to the sureties rights in relation to secured creditors of the account.
Draft reference materials to assist claim and underwriting colleagues in understanding the law that impacts the Company’s underwriting and claim decisions, such as 50 state surveys and white papers.
Based on knowledge of evolving contract terms, trends, and conditions in the marketplace gained from claim handling and legal advice to underwriters, advise management of trends that may impact future losses; prepare and deliver presentations on the same to management and claim and underwriting staff.
Author and /or edit legal treatises/articles (including seminar materials) concerning bond claims in connection with outside organizations such as the American Bar Association Tort and Insurance Practice Section.
Legal Research – case law, opinions, statutes, regulations and the like as needed for claim and coverage matters.
Draft or review and revise memos and alerts assessing law, statutes and regulations.
Review and revise draft motion papers, briefs, and mediation/settlement statements from counsel.
Review documents for production in discovery for coverage actions.

Minimum Qualifications
Bachelors degree required.
Juris doctorate degree required.
Properly licensed, registered or authorized, and in good standing, to practice law in the jurisdiction in which you will be working.
Education, Work Experience, & Knowledge
3-5 years of general legal or claim handling work experience preferred.
Maintain license to practice law and remain current with all CLE credits.
Possess effective written, oral and inter-personal communication skills.
Exhibit leadership skills to assemble and manage inter-disciplinary claim team representatives utilizing internal and external resources including legal, construction services/engineering, accounting.

Licensing or Certificates
Maintain all necessary active adjusters licenses and remain current with all CE credit requirements.
Job Specific Technical Skills & Competencies
Able to use negotiation skills and strategies within a litigation and non-litigation context.
Within designated authority limit, able to make decisions and negotiate terms and conditions consistent with Bond standards.
Able to communicate effectively through writing.
Able to communicate legal advice to underwriters and management independently and/or with input from manager.
Proficient in drafting transactional documents.
Can effectively work through conflict and resolve issues with a professional demeanor.
Environmental / Work Schedules / Other
Travel Requirements: Travel Occasionally

To apply for this job please visit travelers.wd5.myworkdayjobs.com.