This class is responsible for representing the Insurance Department at administrative hearings and interpreting Delaware Insurance laws and regulations for other investigators, the general public and the commissioner.
Nature and Scope
Class incumbents report to the Insurance Investigator Supervisor. An incumbent conducts legal research and performs legal interpretation related to allegations of serious misconduct and/or violations by agents, brokers, adjusters and insurance companies. An incumbent directs and/or conducts investigations of alleged violations in preparation for administrative hearings. Work includes reviewing the investigative reports prepared by Insurance Investigators to determine the facts of the case and if further documentation is needed. In addition, an incumbent prepares all necessary documents for the hearings including the formal complaint which is served on the violator. An incumbent has contact with attorneys representing the violators for the purpose of exchanging needed information and documents.
Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class. Since class specifications are descriptive and not restrictive, incumbents can complete job duties of similar kind not specifically listed here.
Researches the applicable law and precedent to represent the Department at Administrative Hearings.
Negotiates settlements involving non-compliance with involved parties.
Prepares department documents requiring legal format such as consent orders, official complaint citing applicable sections of the Delaware Code and subpoenas; drafts legislation for the department.
Directs and/or conducts investigations of alleged violations in preparation for administrative hearings. Works with the Office of the Attorney General, as necessary, to ensure proper interpretation and application of laws, rules and regulations.
Represents the Insurance Commissioner or the Department on various panels, boards and committees.
Knowledge, Skills and Abilities
The intent of the listed knowledge, skills and abilities is to give a general indication of the core requirements for all positions in the class series; therefore, the KSA’s listed are not exhaustive or necessarily inclusive of the requirements of every position in the class.
Knowledge of the content, interpretation and application of Delaware laws and regulations governing the conduct and practices of insurance companies and their representatives.
Knowledge of contract law.
Knowledge of precedent regarding insurance laws, rules and regulations.
Knowledge of legal and administrative proceedings.
Knowledge of the rules of evidence and constitutional due process.
Knowledge of investigative methods, techniques and procedures.
Knowledge of interviewing methods and techniques to include eliciting information of a sensitive and confidential nature.
Skill in mediating and negotiating settlements.
Ability to effectively communicate orally and in writing.
Ability to analyze and interpret data and evidence collected through investigations.
Ability to conduct legal research.
Ability to interpret, apply and explain statutory requirements.
Ability to establish and maintain effective working relationships.
JOB REQUIREMENTS for Insurance Legal Representative Applicants must have education, training and/or experience demonstrating competence in each of the following areas:
A member of good standing with the Bar of the Supreme Court of Delaware.
Six months experience in determining compliance with laws, rules, regulations, standards, policies and procedures.