Claims Attorney II - Contract Surety

Merchants Bonding Company•West Des Moines, IA

1d•Hybrid

About The Position

Merchants Bonding Company™ is hiring professionals who value clarity, collaboration, and opportunities to make an impact. Our team is growing, and we’re looking for people who thrive in a fast-moving environment built on common sense underwriting and first-class experiences. If you're ready for the next step in your career with a team that says yes to the best, this is your opportunity. Job Purpose: The Claims Attorney II position is responsible to independently investigate and adjust complex claims made on contract surety bonds, communicate orally and in writing with various stakeholders, perform pre-default work, and pursue appropriate salvage and indemnity. This role coordinates payment of loss and expense checks, sets and revises reserves, prepares closing file documentation, and provides account specific and general legal assistance to underwriters and agents. The Claims Attorney II must stay current on applicable State and Federal laws and regulations that apply to handling bond claims.

Requirements

J.D. required plus 5+ years of experience in the Surety, Insurance, or related industry.
License to practice law in appropriate jurisdictions.
Per the Surety Claims Adjuster policy, must acquire within the first 90 days of employment and maintain an adjuster’s license in every state where a license is required.

Nice To Haves

Experience investigating and adjudicating claims in the surety industry is strongly preferred.

Responsibilities

Claim Investigation and Loss Analysis Reviews and analyzes correspondence and documents primarily submitted by claimants and Principals, interviews involved persons, and requests additional documentation in order to determine exposure. Documents investigation efforts in claim file and maintain relevant file documentation within Sims file. Directs and oversees outside counsel and consultants as necessary to assist with claim investigation or salvage and indemnity aspect of claim. Evaluates potential 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. Negotiate directly with stakeholders to resolve bond and indemnity claims, including creating secured repayment plans, referrals to collection agencies or pursuing indemnity actions. Work with the Director of Claims to develop high level strategy for handling of assigned claims and take primary responsibility for implementing same. Drafts reasoned determination letters and reviews recommendations with supervisor, as required. Prepares documentation for payments, if approved. 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 agreement, 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 in connection with claims handling process. Draft documents as necessary to assist underwriters and agents. Attend meetings and legal proceedings independently or in collaboration with the Director of Claims/VP Claims as appropriate in connection with claims handling process. Drafts and delivers internal presentations and participates in learning opportunities with underwriters and other internal staff.
Research and Consultation 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. Periodically researches and provides recommendations on a variety of general legal issues for MBC departments. Research commercial bond programs and advise underwriting on participation level. Analyze financial statements of contractor businesses.
Reporting Prepares year end reports, as required, for files by reviewing: status of open claims, Principal’s financial condition, and evaluating accounts for necessary reserve changes. Prepares closing memorandums summarizing the claim issues and resolution as well as losses incurred and salvage recovered. Prepare claim summaries or other reports for the Compliance Department as necessary. Prepare reserve summaries with the assistance of Director of Claims for internal and external reporting purposes.