Linda Clare is a seasoned litigator with extensive and varied courtroom experience. She says, “One of the reasons I went to law school is that I like the challenge of finding solutions to problems. For me, there is no more satisfying feeling than the one I get when I tell my client that the matter is resolved in a way that the client wanted, and that the resolution reflects justice and fairness.”
Linda has extensive experience resolving subrogation claims.
She began her legal career in a creditors’ rights practice, with an emphasis on Federal Court practice, and tried her first case only three months after passing the bar exam. Over the years, she has recovered millions of dollars on behalf of her clients.
Since 2000 her practice has focused on recovering funds from liable third parties on behalf of insurance companies and self-funded employee benefit plans which pay for damages to insured parties. She approaches the cases with an open mind, looking for creative ways to secure reimbursement for her client. For example,
- She was referred a case centered on a fire loss to residential property, where the client had been advised by their expert to close the file. When the client sent the claims file to Linda for review, she immediately contacted the insured and all neighbors and witnesses listed in the file material. She found a neighbor who was present at the scene who had not previously been interviewed. With information from that eyewitness, Linda obtained a settlement on a file that the client had been told was hopeless, without the expense of filing a lawsuit.
- In another instance, her client paid a large worker's compensation settlement to a government employee injured in a car vs. train accident. The client’s in-house counsel advised them to close the file because the law in the jurisdiction was very unfavorable to the client’s recovery rights. Linda immediately established contact with the attorney for the injured plaintiff and offered to work with the firm to maximize recovery in exchange for an agreement to reimburse her client a set percentage of the gross recovery. As a result of this relationship, working hard to advance the case, and protecting her client’s interests, the upshot was a win-win for both sides. Linda’s client received a financial reimbursement under our arrangement, where under the statute they would not have received any recovery at all.
From 2003 to 2009, she handled a series of federal cases that enhanced the recovery rights of Employee Benefit Plans. The published decisions can be found at:
- Ralcorp Holdings, Inc., et. al., v. Fricke, 290 F. Supp. 2d 759 (W.D. Ky. 2003)
- James River Coal Company Medical and Dental Plans v. Bentley, 649 F. Supp. 2d 657 (E.D. KY 2009)