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DECEMBER 2022 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Finding Coverage for Opioids Understanding Staged Car Accidents Debate Over Independent Contractor or Employee 40 Phenoms Under Prepare To Be Inspired by CLM’s Outstanding Young ProfessionalsWorld-class. Global reach. 800.580.3228 rimkus.com YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. WHAT HAPPENED? WITH SO MUCH AT STAKE, YOU NEED TO KNOW Product malfunctions and component failures can cause serious injury and fatal accidents which often leads to complex questions. Rimkus forensic engineers and scientists can respond with a multi-disciplined approach to analyzing the entire product life cycle from product design to end use to determine what happened and why. With extensive experience in failure analysis and testing, computer modeling, industry standards, and regulatory compliance, our experts can help answer your questions about product failures, equipment malfunctions, and material defects. If you’re facing a complex forensic challenge of any kind, count on us to uncover the facts.THECLM.ORG/MAGAZINE CLM MAGAZINE 3 CONTENTS CLM MAGAZINE DECEMBER 2022 22 PHENOMS UNDER 40 Prepare to be inspired by CLM’s outstanding young professionals 28 BEYOND THE LINE OF SCRIMMAGE The NFL’s ongoing battle against concussions and CTE 36 HOLIDAYS COME INTO FOCUS CLM’s December Focus and holiday party were a huge hit 37 BETWEEN THE LINES What’s the best industry gift you could get? 38 WEBINARS The key to professional liability claims 39 EVENTS Upcoming events, chapter activities, and webinars 40 NATIONAL News and verdicts that affect you from across the country 42 VOICES Getting to know The Institutes’ Amy Cole-Smith FEATURES 4 FRONT DESK The future is you 6 EXPOSURE High-wire landing 8 FINDING COVERAGE FOR OPIOIDS Courts still divided as to “damages because of bodily injury” requirement 12 TAKING CENTER STAGE The legal gymnastics of faked car accidents 16 TO BE OR NOT TO BE The independent contractor versus employee debate continues COLUMNSAROUND THE CLM 22 28 8 12 16 36 424 CLM MAGAZINE DECEMBER 2022 VP OF CONTENT Eric Gilkey SENIOR MANAGING EDITOR Phil Gusman CONTRIBUTING EDITOR Fran Clark ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Eric Gilkey eric.gilkey@TheCLM.org CHIEF EXECUTIVE OFFICER Ronna Ruppelt VP PARTNERSHIPS Jeremy Campbell ACCOUNT EXECUTIVE Megan Josd ADVERTISING QUESTIONS Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 DECEMBER 2022 • ISSUE 12 • VOL. 6 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 © 2022 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. A publication of Every generation faces stereotyping to some degree, each carrying positive and negative connotations. We’ve all heard baby boomers described as ambitious workaholics and Gen Xers as self-reliant slackers. Millennials, in particular, are often harshly judged as wide-eyed, lazy, and entitled. These reductions grab headlines but serve no one, and as you will see in this month’s issue, they couldn’t be more inaccurate. As CLM’s leadership team sat down last month to review the nominations for our inaugural Phenoms Under 40 recognition program, it was clear that each one of our nominees far exceeded their generation’s stereotypes. When we first conceived of the program earlier in 2022, we weren’t sure what the response would be. Needless to say, we received nearly 100 nominations, making the job of selecting just 10 to recognize not only exceptionally difficult, but also invigorating. I’m proud to recognize these younger members of our organization, who bring such promise and innovation as the future of our organization and industry. I think you’ll be inspired by their accomplishments, too. Speaking of the future, CLM continues to have its eyes trained on the horizon, as evidenced by our 2023 Annual Conference theme, “Ready. Set. Future.” We can’t wait to show you what we’ve been working on all year, which includes helping future-proof careers, building game-changing networks, and working to establish every attendee as a leading-edge professional in claims and litigation. We have many surprises waiting for you in Tampa, so be ready to register on Dec. 7 at noon ET. Ready? Set? Go! All the best – Ronna Ruppelt CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt The Future Is You 2022 AWARDS FOR PUBLICATION EXCELLENCE WINNER CLM (ISSN XXXX-XXXX) is published monthly 12 times a year by CLM, a member company of The Institutes, 2 South University Drive, Suite 100, Plantation, FL 33324. Application to mail at Periodical Postage Prices is Pending at Plantation, FL, and at additional mailing offices. Postmaster: Send address changes to CLM, 2 South University Drive, Suite 100, Plantation, FL 33324. Allow four weeks completion of changes. Advertising and editorial deadline is the first of each month preceding issue date. FRONT DESKEXPOSURETHECLM.ORG/MAGAZINE CLM MAGAZINE 7 HIGH-WIRE LANDING A single-engine plane is shown dangling 100 feet above ground after colliding with live electrical wires while descending to an airport in Gaithersburg, Maryland, on Nov. 27, 2022. According to press reports, two passengers were trapped for seven hours before they could be rescued. Neither sustained serious injuries. PHOTO: PETE PIRINGER\MCFRS8 CLM MAGAZINE DECEMBER 2022 A s thousands of opioid- related lawsuits make their way through the courts, a growing and diverging body of case law continues to develop around the availability of insurance coverage for such suits. The threshold question of whether an insurance policy that provides coverage for “damages because of bodily injury” covers claims brought by governmental entities to recover economic costs they incurred as a result of the opioid epidemic continues to divide courts. To be sure, the opioid epidemic, as a public health crisis, necessarily relates to bodily injuries, such as opioid addictions, hospitalizations, and deaths. The lawsuits that make headlines, however, are typically the multi-million- dollar suits brought not by individuals, but by governmental entities—such as cities, counties, or municipalities—against corporate entities believed to have contributed to the opioid crisis. In these suits, governmental entities seek to recover economic losses due to the opioid epidemic, such as costs of services to mitigate the effects of the epidemic or money spent caring for drug-addicted citizens. However, unlike an individual plaintiff, governmental entities are not capable of sustaining bodily or physical injury in the traditional sense. Therefore, determining whether the redress sought by a city or municipality triggers coverage often involves distinguishing between physical injury and economic harm. More pointedly, are such damages because of “bodily injury” as it is defined in a standard commercial general liability policy? Courts are largely divided, which has only come into sharper contrast recently. Some courts have interpreted similar or nearly identical policy language in holding that opioid-related lawsuits filed by governmental entities invoked the insurer’s duty to defend because those entities sought Finding Coverage for Opioids Courts Still Divided as to “Damages Because of Bodily Injury” Requirement By Jason Taylor and Theresa Panensky Jason Taylor is partner in the Chicago office of Traub Lieberman Straus & Shrewsberry, LLP. jtaylor@tlsslaw.com Theresa Panensky is the west region leader of the claims & legal group for FINEX North America at Willis Towers Watson. theresa.panensky@willistowerswatson.com INSURANCE COVERAGECongratulations Jessica Mauch HEAD OF PRIMARY CASUALTY CLAIMS Refer to the applicable policy for specific terms, conditions, limits, limitations and exclusions to coverage. Coverage is underwritten by a member company of the AXIS group of insurance companies and may not be available in all jurisdictions. axiscapital.com Specialists in Specialty On being selected as one of CLM’s Ten Phenoms Under 40 Well done for: • Championing the needs of brokers and customers • Quick decision making • A can-do approach when it comes to dealing with a claimNext >