Major Claims Attorney

at  Fidelity National Financial

Overview:
Manage the disposition of Major Claims (currently $2.5M minimum exposure) from inception to final disposition; the typical caseload involves 30-40 projects some of which may involve multiple claims and/or cases.

Duties:

• Investigation of each claim: gather relevant documents from insured and from internal operations (title and escrow); personal interview involving present and/or former employees re underlying transaction.
• Investigate and analyze whether claim is covered under the policy or may not be covered. Issue letters to insured explaining decisions to accept coverage, to deny coverage, or to defend the claim under a reservation of rights.
• Investigate and determine whether any company policies, procedures, or practices were violated or not followed in connection with underlying transaction; Report any violations to upper management, recommend remedial measures to prevent recurrence, and recommend the posting of “OI’s” or “CM’s” to underwriting with respect to pending claims.
• Investigate and analyze whether claim involves a fraud or other illegal activity; report findings to the Company’s Fraud Review Counsel and to management of the affected operation. Assist as needed with prosecution of fraudulent activities.
• Recommend the retention of appropriate trial, coverage, recoupment, or appellate counsel to represent the insured or the Company in pending litigation relating to the claim. Manage and supervise outside or in house counsel retained to represent the insured or the Company in litigation throughout all phases of the case or cases, including budgeting, the development and execution of overall case strategy, trial strategy and tactics. Monitor and evaluate the performance of trial/appellate counsel’s including attendance at key hearings and depositions, and trial. Recommend replacement of counsel if and when performance is inadequate.
• Attend settlement conferences and mediations involving the claims being managed with appropriate settlement authority.
• Provide periodic briefings and reports to management of the operation which generated the claim and to corporate legal concerning current status of the claim, potential exposure, cost of defense, and likely or probable outcome.
• Continuously assess the availability of possible coverage to the Company under its excess reinsurance, E&O, and FIB coverages; provide notices to such insurers as appropriate;
• Investigate and pursue potential recoupment against the insured, independent agents, and/or third parties responsible for any losses;
• Respond to any Department of Insurance(“DOI”) inquiries or complaints generated by claim activity.
• Review outside counsel and vendor (experts, investigators, etc.) invoices for reasonableness and for compliance with Company Litigation Billing Guidelines.
• Maintain and update Company loss and expense reserves for claim matters; approve and process settlement payment requests.
• Maintain complete and accurate claim files as required by Company claims handling guidelines and applicable DOI regulations.
• Provide litigation support; when necessary testify as Company representative (PMK) and provide litigation support such as verifying discovery responses, signing affidavits, and signing settlement agreements on behalf of the company.
• Along with the Company Underwriters, investigate and analyze requests with regard to insuring over or around a title claim matter and make recommendations with respect thereto to the Chief Legal Officer.
• Search for creative ways to “make title as insured” or otherwise resolve the claim.
• If requested, be prepared to provide assistance to non-Major Claims personnel in terms of advice and guidance and review of Claims Reports and Case Assessment Reports.
• Identify potential workout candidates among claims and work with potential private equity investors on such projects.

Education:
Juris Doctor degree from an accredited law school.
Experience:
Experience in title law.
Additional Information:
Strong analytical and problem-solving skills; excellent written and verbal communication skills and ability to work well in a fast-paced environment

• Investigation of each claim: gather relevant documents from insured and from internal operations (title and escrow); personal interview involving present and/or former employees re underlying transaction.
• Investigate and analyze whether claim is covered under the policy or may not be covered. Issue letters to insured explaining decisions to accept coverage, to deny coverage, or to defend the claim under a reservation of rights.
• Investigate and determine whether any company policies, procedures, or practices were violated or not followed in connection with underlying transaction; Report any violations to upper management, recommend remedial measures to prevent recurrence, and recommend the posting of “OI’s” or “CM’s” to underwriting with respect to pending claims.
• Investigate and analyze whether claim involves a fraud or other illegal activity; report findings to the Company’s Fraud Review Counsel and to management of the affected operation. Assist as needed with prosecution of fraudulent activities.
• Recommend the retention of appropriate trial, coverage, recoupment, or appellate counsel to represent the insured or the Company in pending litigation relating to the claim. Manage and supervise outside or in house counsel retained to represent the insured or the Company in litigation throughout all phases of the case or cases, including budgeting, the development and execution of overall case strategy, trial strategy and tactics. Monitor and evaluate the performance of trial/appellate counsel’s including attendance at key hearings and depositions, and trial. Recommend replacement of counsel if and when performance is inadequate.
• Attend settlement conferences and mediations involving the claims being managed with appropriate settlement authority.
• Provide periodic briefings and reports to management of the operation which generated the claim and to corporate legal concerning current status of the claim, potential exposure, cost of defense, and likely or probable outcome.
• Continuously assess the availability of possible coverage to the Company under its excess reinsurance, E&O, and FIB coverages; provide notices to such insurers as appropriate;
• Investigate and pursue potential recoupment against the insured, independent agents, and/or third parties responsible for any losses;
• Respond to any Department of Insurance(“DOI”) inquiries or complaints generated by claim activity.
• Review outside counsel and vendor (experts, investigators, etc.) invoices for reasonableness and for compliance with Company Litigation Billing Guidelines.
• Maintain and update Company loss and expense reserves for claim matters; approve and process settlement payment requests.
• Maintain complete and accurate claim files as required by Company claims handling guidelines and applicable DOI regulations.
• Provide litigation support; when necessary testify as Company representative (PMK) and provide litigation support such as verifying discovery responses, signing affidavits, and signing settlement agreements on behalf of the company.
• Along with the Company Underwriters, investigate and analyze requests with regard to insuring over or around a title claim matter and make recommendations with respect thereto to the Chief Legal Officer.
• Search for creative ways to “make title as insured” or otherwise resolve the claim.
• If requested, be prepared to provide assistance to non-Major Claims personnel in terms of advice and guidance and review of Claims Reports and Case Assessment Reports.
• Identify potential workout candidates among claims and work with potential private equity investors on such projects