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JANUARY/FEBRUARY 2024 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT A Look Back: Tort Reform in 2023 AI on the Open Road Top Workers’ Comp Trends in 2024 PLAINTIFFS’ ATTORNEYS GAINING THE ‘EDGE’ AT DEPOSITIONS, PART 1 EVOLVES THE REPTILE JANUARY/FEBRUARY 2024 DIGITAL EDITION SPONSORED BY:World-class.Globalreach. 800.229.0302 rimkus.com WHAT HAPPENED? WITHSOMUCHAT STAKE, YOU NEED TO KNOW YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. Determining the cause of an accident is no easy feat. It’s a science. Rimkus forensic engineers and consultants have decades of experience reconstructing accidents of all kinds to determine what happened and why. We also provide expert testimony at trial. If you’re facing a complex forensic challenge of any kind, count on us to uncover the facts.JANUARY/FEBRUARY 2024 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT A Look Back: Tort Reform in 2023 AI on the Open Road Top Workers’ Comp Trends in 2024 PLAINTIFFS’ ATTORNEYS GAINING THE ‘EDGE’ AT DEPOSITIONS, PART 1 EVOLVES THE REPTILETHECLM.ORG/MAGAZINE CLM MAGAZINE 3 JANUARY/FEBRUARY 2024 DIGITAL EDITION SPONSORED BY: CLM MAGAZINE JANUARY/FEBRUARY 2024 CONTENTS 14 THE REPTILE EVOLVES Plaintiffs’ attorneys gaining the ‘Edge’ at depositions, part 1 18 RESHAPING THE LANDSCAPE Amid a difficult tort environment, some states took action in 2023 22 THE BLAME GAME: CLIMATE LITIGATION EDITION How good are you at predicting climate verdicts? 26 FUEL AND FRICTION The elements of success and failure in root cause analysis 30 THINK LOCALLY Get involved with CLM local chapters 31 BETWEEN THE LINES What should the industry’s claims- and litigation-related resolutions be for this year? 32 NATIONAL News and verdicts that affect you from across the country 34 VOICES Getting to know Chimdi Tuffs, partner at Gfeller Laurie LLP FEATURES 4 FRONT DESK Making good on resolutions 6 EXPOSURE A flood of problems in San Diego 8 GETTING AHEAD OF THE TRENDS Top workers’ comp concerns for 2024 10 CMS CONSIDERS REPORTING REQUIREMENTS FOR WORKERS’ COMP PAYERS Medicare Secondary Payer Act enforcement efforts are ramping up 12 AI ON THE OPEN ROAD How emerging technologies will impact trucking claims COLUMNS 14 22 26 8 34 31 10 12 AROUND THE CLM 30 >>>4 CLM MAGAZINE JANUARY/FEBRUARY 2024 A publication of DIRECTOR OF CONTENT Phil Gusman ASSOCIATE EDITOR Angela Sabarese ASSISTANT EDITOR Fran Clark CONTRIBUTING EDITOR Abi Potter Clough 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 JANUARY/FEBRUARY • ISSUE 1 • 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. It’s hard to believe we’re already over a month into the new year. The time for making resolutions has passed, and the time for fulfilling them has come. Here at CLM, we’ve resolved to sharpen our communication to members and fellows to keep you informed about all of the resources we provide to help launch and enhance your career. From intensive courses and designations that build your knowledge, to speaking and publishing opportunities that boost your profile, to vibrant community and roundtable discussions to talk with your peers about the industry’s most pressing challenges, CLM offers countless professional development opportunities that meet you wherever you are in your career. And we want you to know about all of them so you can leverage the ones that suit you best. Part of our strategy to keep you informed involves expanding upon what we already do. As a reader of CLM Magazine, you are likely familiar with our “Around the CLM” section, which highlights the people, events, and activities that drive CLM. We are now bringing a version of this popular department to CLM Magazine’s weekly e-newsletter. Titled “Inside CLM,” this new section serves as a more frequent hub of information about all things CLM, from detailed previews of upcoming live and virtual events, to reviews of recent ones you may have missed, to local chapter happenings, to interviews with CLM’s community leaders about upcoming discussions and activities. Speaking of our weekly CLM Magazine e-newsletter, you may have noticed other changes to it over the past couple of months. We are delivering more articles to you each week, supplementing the deep analysis pieces we have always provided with quicker-hit, event-driven news you can use. Much of that content comes from you—our amazing members and fellows—whether you are writing the pieces yourselves or serving as key sources. So, as we expand our digital content, there will be even more publishing and interview opportunities for you at CLM. It’s just one more way we are helping you increase your visibility and show off your expertise. It’s going to be an exciting year at CLM, and we’re thrilled to share it all with you. Check out CLM Magazine’s weekly e-newsletter on Thursdays, and get ready for a range of other initiatives that will connect you with the resources you need to propel you to the next level. All the best – Ronna Ruppelt, Esq. CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt Making Good on Resolutions FRONT DESK >>>Once a year we gather the many professionals who play a part in the process of managing claims and elevate our combined knowledge. This year we do so with a shrewd eye on one goal: unleashing all the expertise, technology, prowess, and old- fashioned know-how to crack the code on claims and litigation management processes. ARE YOU READY FOR IT? Get the Hottest Ticket in Claims Today Register now for the Annual Conference to ensure a seat in your preferred sessions. AC24 APRIL 2-4 | SAN FRANCISCO #CLM2024 REGISTER NOW6 CLM MAGAZINE JANUARY/FEBRUARY 2024 EXPOSURE A FLOOD OF PROBLEMS IN SAN DIEGO Damage after a Jan. 23 rainstorm caused flooding to homes and roadways. The storm also knocked out power for thousands of residents. PHOTO: MARIO TAMA/GETTY IMAGESNext >