Associate Counsel Sr Litigation

Location
Pleasanton CA

Department
Legal

Description

Insure Your Future

TheLegal Departmentis looking for anAssociate Counsel Senior Litigationresponsible for providing effective legal representation for the Company in non-claims legal actions instituted by or against the Company. Representation includes pre and post litigation time frames with a heavy emphasis on worker’s compensation subrogation actions with significant complexity, high damage estimates, catastrophic injuries and/or difficult liability issues. Handle pre-litigation evaluation and settlement negotiations of worker’s compensation subrogation and other claims.

Claim Your Role

Responsibilities include:
• Analyze all referrals from claims and determine need for outside investigation or other information from the insured or others.
• Coordinate and analyze subrogation investigation and report on investigation results. Provide legal analysis of subrogation potential to claims examiner.
• Ensure that third party liability carrier is put on notice as soon as identified and engage in early and often discussions with third party claim representative re liability and damages. Document damages for third party carrier and update documentation as needed.
• To the extent possible, coordinate any early settlement discussions with claimant’s counsel with the goal of resolving both the worker’s compensation and third party civil cases at the same time. Litigate primarily worker’s compensation subrogation claims that do not settle at the pre-litigation stage.
• Ensure timely filing of complaint, complaint-in-intervention or lien.
• Determine and conduct necessary discovery, attend court appearances and mediations.
• Write pre- and post- trial motions and appellate briefs.
• Continue settlement dialog with third party and claimant attorneys and with third party claim representative when appropriate.
• Litigate cases to conclusion whether conclusion is settlement, trial or appeal. Provide periodic, thorough and professional communication, both written and oral, with claims personnel, co-counsel, consultants and experts.
• Provide accurate legal analysis and strategy recommendations to clients and claims personnel. .Provide legal seminars and workshops on various legal topics.
• Keep claims personnel apprised of changes in the law that affect company claims and subrogation efforts.
• Provide frequent training to claims personnel on identifying potential subrogation and recovery processes. • Assist and instruct Associate Counsel in their handling of cases, in particular with regard to current legal issues, changes in the law, strategic considerations and trial preparation.Direct paralegals and other legal department staff in their duties and responsibilities in handling cases