Associate General Counsel for Financial Regulation & Solvency

If YOU HAVE PREVIOUSLY APPLIED FOR THIS POSITION, PLEASE DO NOT REAPPLY. WE HAVE YOUR APPLICATION ON FILE.

Mission Statement:
The mission of the State of South Carolina Department of Insurance is to protect the insurance consumers, the public interest, and the insurance marketplace by ensuring the solvency of insurers; by enforcing and implementing the insurance laws of the State; and by regulating the insurance industry in an efficient, courteous, responsive, fair, and equitable manner. For more information about working at the SC Department of Insurance, please visit Department of Insurance, SC - Official Website | Official Website 

This position is located in the Office of General Counsel.

Under the general supervision of the Deputy Director and General Counsel, this position is responsible for providing effective legal representation to the South Carolina Department of Insurance. This position functions as Associate General Counsel and provides legal advice to assigned units with the Department. This position provides legal advice and representation for all financial regulatory matters, insurance company receiverships as well as cyber security breach response as needed, health insurance, company licensing, regulatory hearings (subrogation) and other matters assigned by the General Counsel or the Director.

Job Duties:
Serves as primary counsel and provides advice, counsel and representation to the Financial Solvency and Regulation Division of the South Carolina Department of Insurance on regulatory issues affecting the licensure, merger and acquisition, affiliated party transaction of insurers transacting insurance business in the state of South Carolina; advises this business teams on insurance regulatory compliance issues as needed; prepare written legal opinions and other documents related to the representation of this Division; initiates, defends, or otherwise represents the Department in legal actions related to financial regulatory matters;  participates on NAIC calls related to financial regulatory issues.

Provides legal advice, counsel and representation (as needed) on troubled company issues including administrative supervision, conservatorship and receiverships involving domiciliary insurers and alternative risk management companies (e.g., captives or risk retention groups); serves as liaison between the Department and the Special Deputy Receiver, if any; monitors the progress of receiverships; participates on NAIC calls regarding insurance company receiverships; and assists with preparation of any reports to the NAIC regarding same or as assigned by the General Counsel or Director. Interfaces and meets with guaranty association management and members as needed; participates on NAIC calls and working groups on issues involving insurance company receivership issues.

Provides advice, counsel and representation to other areas of the Department as assigned by the General Counsel including (as needed) Actuarial Services and advises business teams on regulatory compliance with insurance laws as needed; prepares written legal opinions and other documents related to the representation of these business units on issues related to long term care insurance and life, accident and health insurance matters; initiates, defends, or otherwise represents the Department in legal actions related to regulatory matters as assigned.

Provides advice and counsel matters involving breach notifications and insurer compliance with the Insurance Data Security Act; serves as counsel on matters involving cyber security breach response; assists with representation of the Department in matters involving incident preparedness and response. Collaborates with Information Security Officer to develop best practices and to update cybersecurity policies and procedures as required; prepares legal opinions and makes recommendations on cybersecurity matters affecting the South Carolina Department of Insurance.

Assists with the representation of the Market Regulation Unit as needed; provides advice and counsel to the Market Conduct Coordinator on market conduct examinations and other enforcement issues as assigned.

Assists with or serves as back up on administrative disciplinary actions and employment matters as assigned.

Advises the Director in administrative proceedings conducted by the Department in accordance with the APA, ALC rules and other applicable laws. Serves as hearing officer for internal matters as assigned.

Performs other related duties as required

Must be licensed as an attorney and admitted to the South Carolina Bar.

• Juris doctor degree and license to practice law in South Carolina required
• Minimum of 5-10 years of experience in litigation and/or enforcement
• Strong understanding of the financial services industry and insurance
• Excellent written and verbal communication skills
• Excellent drafting and negotiation skills
• Outstanding organizational skills and ability to manage multiple projects.
• Must possess excellent written and oral communication skills and strong presentation skills
• Demonstrated ability to influence and negotiate.
• Candidates should also be initiative-taking and able to complete projects working independently as well as in team settings
• Strong understanding of civil procedures
• Litigation experience and experience in conducting depositions.

Litigation experience or legal experience as a prosecutor or attorney litigating cases before South Carolina circuit courts or the South Carolina Administrative Law Court.

KNOWLEDGE, SKILLS, AND ABILITIES:
Knowledge of legal principles, practices, and proceedings; state and federal laws, rules, and regulations; and agency administrative rules and regulations. Specifically, working knowledge of South Carolina administrative law, insurance law and civil evidentiary techniques and procedural requirements.
Skill in legal research, writing, and analysis; in the use of a computer and applicable software (e.g., Microsoft Suite, Westlaw, Adobe Acrobat); in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
Ability to conduct hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, to communicate effectively, and to provide guidance to others. Ability to maintain confidential and sensitive information.

Educational Credentials: 
Applicants indicating college credit or degree(s) on the application will be required to submit a sealed, certified copy of the transcript(s) prior to beginning employment.  Failure to produce an official, certified transcript will result in any conditional offer of employment being rescinded.
 
Equal Opportunity Employer:
It is the policy of the South Carolina Department of Insurance to provide equal employment opportunities to all job applicants and employees without regard to their race, color, religion, national origin, sex (including, but not limited to, pregnancy, childbirth or related medical conditions and lactation), disability or age. 
 
Veteran Preference Statement:
South Carolina is making our Veterans a priority for employment in state agencies and institutions.
 
The Department of Insurance offers an exceptional benefits package for FTE positions that includes:
 

• Health, Dental, Vision, Long Term Disability, and Life Insurance for Employee, Spouse, and Children
• 15 days annual (vacation) leave per year
• 15 days sick leave per year
• 13 paid holidays
• State Retirement Plan (pension plan option) and Deferred Compensation Programs
• Employee Assistance Program
  • Free counseling sessions for employees and household members
  • Free legal counseling
  • Free financial counseling
• Flexible Work Schedules
  • Compressed work weeks
  • Part-time telecommuting
  • Flex-time
  • Contingent upon completion of required probationary period
• Free Gym Access
• Growth Opportunities
  • Certifications/designation program allowing for salary increases and bonuses
• Infants at Work Program
  • Employees eligible to bring their newborn/infant to the workplace
• Free Parking