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Litigation Attorney The candidate reports to the Director, Litigation. Serves as a team leader for each dispute under their watch, managing outside counsel towards a resolution which takes into account the unique aspects of the dispute as well as the contractual requirements of the insurance or reinsurance policies at issue. Manages coverage cases with outside counsel as a collaborative, active partner in all aspects of litigation, arbitrations or other alternative dispute resolution proceedings. This includes review, revision and approval of all pleadings, motions, appeals, litigation plans and budgets. Assesses and models coverage issues and potential exposure in complex insurance coverage matters by analyzing insurance policy provisions, applicable case law and potential underlying claim exposure. Prepares discovery responses, company witnesses and trial strategy with outside counsel, including the design of mock jury exercises and work with jury consultants to test case themes and approach to trial. Provides legal counsel to the company on a variety of issues, including coverage advice to the claims department, review of proposed settlement agreements and review of contracts. Prepares cogent, high quality narrative reports for senior management setting forth application of underlying facts to the legal issues and contract provisions, the potential risks involved in a given matter, recommended strategy and the potential value. Prepares reports as necessary for reinsurers and E&O insurers. Assesses and recommends affirmative lawsuits or arbitrations. Develops and manages case budgets and case plans. Provides on-going training and support to in-house paralegals and training to associates in the company on various legal issues applicable to the business. Tracks relevant case law developments and insures appropriate associates are aware of those impacting their matters. Ensures development and implementation of consistent company positions on key issues. Assesses competencies and workloads of outside counsel to optimize litigation assignments. Formulates negotiation strategy through collaboration with in-house legal team and outside counsel, actively negotiating matters involving a wide range of exposures. Travels to and personally appear at court conferences, mediations, arbitrations, strategy sessions, witness interviews, site visits or as otherwise necessary, primarily in the United States, but with some international travel possible. Provides testimony when called upon for information that is not privileged, confidential or protected from disclosure. Assists with review of potential acquisitions. Completion of law school with a J.D. degree and admission to a State Bar is required. Six Sigma training desirable. Financial training desirable. CPCU courses desirable. Must have 5+ years of complex insurance litigation experience, whether as outside counsel or through employment in the insurance industry. Advanced expertise on insurance and/or reinsurance coverage law required. Knowledge of the insurance business is needed. Familiarity with lean management principles is essential. Experience with insurance coverage issues with respect to underlying claims involving pollution, toxic tort and construction defects is a must.
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