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APRIL 2024 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT G en AI: The Double- Edged Sword The Roundabout COUNTERING PLAINTIFFS’ BAR ATTEMPTS TO FRACTURE THE TRIPARTITE RELATIONSHIP Preserving the Balance Delicate APRIL 2024 DIGITAL EDITION SPONSORED BY:888.CUSTARD Building Partnerships Since 1962. Providing quality Independent Adjusting and TPA Services in a wide range of areas, including: f Transportation f Property / Catastrophe f Heavy Equipment f General Liability f SIU Excellence in Claims Handling. CUSTARD.COMAPRIL 2024 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT G en AI: The Double- Edged Sword The Roundabout COUNTERING PLAINTIFFS’ BAR ATTEMPTS TO FRACTURE THE TRIPARTITE RELATIONSHIP Preserving the Balance DelicateWorld-class.Globalreach. 800.229.0302 rimkus.com STRATEGIES FOR THE BUILT ENVIRONMENT Hindsight isn’t 20/20. It’s your worst nightmare. IN THE BUILT ENVIRONMENT, When you’re considering a property purchase or lease, hidden issues can limit your success. Count on Rimkus for the due diligence necessary to identify potential shortcomings in the building’s design, maintenance, and serviceability. We apply a multi-disciplined, engineering approach to the investigation and evaluation of building systems that may require repair or replacement, so you can maximize the lifecycle of your new property.THECLM.ORG/MAGAZINE CLM MAGAZINE 3 APRIL 2024 DIGITAL EDITION SPONSORED BY: CLM MAGAZINE APRIL 2024 CONTENTS 14 PRESERVING THE DELICATE BALANCE Countering plaintiffs’ bar attempts to fracture the tripartite relationship 18 GENAI: THE DOUBLE-EDGED SWORD A powerful tool for both perpetrating and combatting fraud 22 THE ROUNDABOUT Transportation experts share how to effectively navigate from accident to resolutions 27 GETTING RECOGNIZED FOR GIVING BACK CLM members and fellows share stories about their volunteer work 28 CAREERS A modern-day job search 29 BETWEEN THE LINES How have your volunteer efforts positively impacted your professional life? 30 WEBINARS Over the limit 31 EVENTS Upcoming events, chapter activities, and webinars 32 NATIONAL News and verdicts that affect you from across the country 34 VOICES Getting to know Dwayne C. Akins, senior vice president, client delivery team leader, US claims consulting practice, Marsh Advisory FEATURES 4 FRONT DESK Content is king 6 EXPOSURE Costly collapse 8 THE BEST MEDICINE Strategies for an employee’s return to work following an accident 10 WALKING THE AI TIGHTROPE Avoiding professional liability pitfalls while leveraging the many benefits of artificial intelligence in health care COLUMNS 14 18 22 8 34 10 AROUND THE CLM 27 >>>4 CLM MAGAZINE APRIL 2024 A publication of DIRECTOR OF CONTENT Phil Gusman ASSOCIATE EDITOR Angela Sabarese ASSISTANT EDITOR Fran Clark ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Phil Gusman phil.gusman@TheCLM.org CHIEF EXECUTIVE OFFICER Ronna Ruppelt VP PARTNERSHIPS Jeremy Campbell SENIOR ACCOUNT EXECUTIVE Laurel Metz ACCOUNT EXECUTIVE Megan Josd ADVERTISING QUESTIONS Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 APRIL • ISSUE 3 • VOL. 8 REPRINTS For reprints and licensing please contact Jeremy Campbell at jeremy.campbell@TheCLM.org or 513-377-7228. CLM Magazine is published monthly and covers news and topics of interest to insurance claims, risk, and litigation management professionals. Copyright © 2024 by the CLM. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the CLM. The views expressed in the articles are solely those of the authors or those interviewed and do not necessarily reflect the views or opinions of CLM or the companies in which the authors are employed. Our members tell us that key benefits of being part of CLM include the ability to read about critical trends facing claims and litigation professionals and having opportunities to share their knowledge about those trends by contributing articles. This magazine, of course, is one way that we provide those opportunities, but over the past year we have also grown our digital properties, whether it’s our weekly e-newsletter that has doubled in size, our construction e-newsletter that has increased in frequency, or brand-new e-newsletters such as CCO Connect, which includes news and analysis for chief claims officers. Today, our readers have more ways than ever to benefit from the knowledge and wisdom of their peers and fellow professionals within the CLM community. To fully leverage the increasing interest in our digital content, the CLM Magazine print edition will be published bi-monthly going forward. To be clear, our coverage of the biggest issues facing claims and litigation professionals is growing, as are the opportunities for members and fellows to share their expertise on these issues. Our print magazines will remain the ideal home for in-depth features and columns on topics of national scope and interest, but our growing digital platforms will bring you many new types of articles on timelier schedules, including expanded coverage of developing events and state-based legislation, cases, and trends. Like our magazine features and columns, much of this new digital content will be generated by you, CLM’s members and fellows. We will supplement this with additional thought leadership and views from around the industry, and articles developed in-house that will feature our membership as expert sources. So, whether you write an article for our magazines or e-newsletters, comment for a story as an expert source, or just read it all to gain key insights into the world of claims and litigation, get ready for CLM to bring you more great content than ever, in all its forms. Phil Gusman, Director of Content phil.gusman@TheCLM.org Content Is King FRONT DESK >>>JUNE 6-9 • CHICAGO Loyola University Chicago School of Law SEARCHING FOR A WAY TO ELEVATE YOUR CAREER IN INSURANCE LITIGATION MANAGEMENT? Look no further. LMI is a focused executive education experience, not a tradeshow, conference, or seminar. Each course is taught by executives with extensive litigation management experience. You’ll earn up to 24 CE/CLE credits and the Certified Litigation Management Professional (CLMP) designation; as well as engage with a cohort that becomes your go-to resource when discerning challenging cases. Limited to 100 students. Don’t delay registration. WHO SHOULD ATTEND? • Intermediate to advanced adjusters handling property and litigated casualty claims • Leaders managing teams who handle litigated casualty claims • In-house counsel involved in litigation strategy and panel counsel management • Panel counsel who want to understand the perspectives of their adjuster contacts LITIGATION MANAGEMENT INSTITUTE GETTING MY CLMP WAS AN OUTSTANDING LEARNING EXPERIENCE. IT WILL CHALLENGE YOU, MAKE YOU THINK OUTSIDE THE BOX, AND YOU WILL MEET AMAZING PEOPLE! — MAREN MOONEY, CCP, CLMP, CRIS I FOUND LMI TO BE THE MOST INFORMATIVE AND PRACTICAL PROGRAM THAT I HAVE EVER ATTENDED. — LOUIS U. GASPARINI, CLMP REGISTER NOW6 CLM MAGAZINE APRIL 2024 EXPOSURE COSTLY COLLAPSE A view of the Francis Scott Key Bridge in Baltimore after the Dali, a nearly 1,000-foot-long cargo ship, collided with it and caused the bridge to collapse at around 1:30 a.m. on March 26. According to the Baltimore Sun, the Port of Baltimore could lose an estimated $15 million per day while it is closed. The Army Corps of Engineers is working to restore normal access to the port by the end of May. PHOTO: TASOS KATOPODIS/GETTY IMAGES PHOTO: WIN MCNAMEE/GETTY IMAGESNext >